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lp>ublic S^ocumente 



OF 



Governor Milliam ®, 36raMep» 



ifi 



LOUrSVlI.LK, KY.: 

Geo. G. Fettkh Pkintinc; Company, 

1899. 



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PUBLIC DOCUMENTS 



OF 



GOVERNOR WILLIAM O. BRADLEY. 



INAUGURAL ADDRESS, DELIVERED DECEMBER 10, 1895. 

To say that I sincerely thaiik those wlio, by their suffrage, linv,^ 
elevated me to the highest office of the State, is giving l)ut feel.le 
expression to the gratitude tliat tills my heart. - 

With the gratification that follows triumph, comes the apjire- 
hension of inability to perform the duties of this great office. 

Protracted and uninterrupted control by any party universally 
r(;sults in injury to the State, and begets negligence, carelessness 
ar.d, not infrequently, corruption. Under such conditions, the suc- 
cession of another party arouses public expectation to such a degree 
that, in most instances, however creditable, its administration is a 
source of disappointment. Profoundly impressed with this exjiec- 
lation, apprehensive lest m^' ability may not prove equal to the 
emergency, I assume the duties of chief magistrate of our beloA'ed 
(^ommonweslth, confidently leaniug upon tlie patriotism of a spleii- 
did people for support, and humbly invoking llie aid of that higher 
Power which directs the destiny of nations. 

The credit and honor of the State and nation are of first import- 
ance. The popular verdict, which has recently declared in favor 
of the use of both gold and silver as monc^v. but at the same time 
the maintenance of the best and highest stai.daid so that every 
<k)llar shall be of ecjual value, should be accepted and adhered to. 
-Vnd while public credit should be protected, we should none tlie 
less fwvor a well regulated system of protection to every branch of 
.\merican industrv. Such a sv^tem as will encourage genius, nouiish 



4 f'f liLir nocrurxT.'^ or 

;iii(l increase diversified iiidnshies, niaiiiiaiii and enlarge a home 
luaikeJ and shield every honest so)i of toil from the degradation of 
eompetition with the pauppr labor of the Old World. Together with 
tliis, should be fostered that recli)roeitj which will insure free ex- 
change of our products with other nations for commodities whicii 
can not be successfully grown or manufactured in this country. 

The accomplishment and maintenance of these economic meas- 
ures will develop our resources, advance our material prosperity 
and give Kentucky the position she is entitled to occupy in the 
sisterkood of States. 

In the management of State affairs, honesty and fidelity are de- 
manded of every public officer, and any irregularities that may 
luive been or may be committed, should be punished and the honor 
of the State and people vindicated. l*ublic officers are not the 
masters but the servants of the people, and whenever they fail to 
faithfully and honestly discharge their duties, merit sn^erest c(v> 
demnation, discharge from the service and such punishment its tli ' 
law provides. 

Public education, tlu ] uiification of the ballot, a just system of 
taxation, such as shall not fettei- the material advancement of any 
section, shall at all times be promoted by eviM-y energy of which I 
am possessed. 

The people rightfully demand retrenchment and reform as well 
as the strictest economy in every branch of the i)ublic service not 
inconsistent with the general welfare. And I promise to do every- 
thing in my power to see that their demand is respected. Above all 
things, the Constitution and laws within its spirit must be enforced. 
Every citizen shall be protected in life, liberty and propeity at 
whatever cost. 

I earnestly and solenmly appeal to the people in ev?ry localitv. 
and to all the officers of the State for a faithful, energetic and fear- 
less enforcement of tiie law. Nothing can be more eftective in -the 
suppression of crime, than the cultivation and expression of a 
I'.ralthy ]>ublic sentiment which ^^i[l held in imi execration every 
ciiniinal, more especially fhe mnrdei' and assassin. ^lob vio- 
lence, whose home is in the breasts of cowards, should be i)r(n'e.it<M] 
;it all hazards, or, if commit t(Hl, promptly and severely jiuiished. It 
is an ojten declaration of contemj)t for the lavs, the courts and the 
administration of justi<-e, and, in.stead of ]tromoting. destroys the 
A\"e]fare of fhe State. Tlu^ commission of crime to i»nnish crime caui 
find no aiiologist in Chiislian (•i\"iiizati(ni. 



GOVERNOR WILLIAM 0. BRADLEY. 5 

The people are the soiiice of power. From them 1 hokl my com- 
mission aud to them I am responsibk\ Bearing this continually in 
mind, 1 shall respect, and, without fear or favor, faithfully endeavoi" 
to carry their will into execution. 1 shall do right as God enables 
me to see the right; be just as He enables me to determine what is 
just and, by the love that I cherish for the State of my birth, do all 
that within me lies to advance her prosperity, enforce her laws, 
protect her citizens and maintain her honor, remembering at all 
times that I am not the Governor of a party but of all the people. 
Knowing that the wisdom of all can be more safely relied on than 
the wisdom of a portion ; that next to the people the press is the 
mightiest power, I appeal to both press and people, irrespective of 
party, now that the conflict has passed and the angry waves of 
party strife sunk to rest; now that we are embarking for our voyage 
u])on a calm and beautiful sea, for their advice and assistance in 
the advancement of the State, whose past is illustrious, whose pres- 
ent demonstrates so numy needed improvements and whose future, 
if her sons but do their duty, will surpass the most extravagant ex- 
pectations. 

Trusting, that at the end of the next four years, a record will 
have been made of which every citizen of the Commonwealth will 
be justly proud, and with an earnest prayer that not Kentucky 
alone, but every State of the nation will have made substantial ad- 
vancement, that the bonds of love and union will have grown 
stronger and our magnificent republic will have grown in material 
prosperity, power and grandeur, allow me to conclude, my country- 
men, by thanking you for this generous demonstration. 
Mr. Chief -Justice, T am now readv to take the oath. 



6 PUBLIC DOCUMENTS OF 

REGULAR MESSAGE TO GENERAL ASSEMBLY OF 1896. 

Commonwealth of Kentucky, ] 

Executive Depautmfnt. r 

Frankfort, January 10, 1S9G. J 

Gentlemen of the Senate and House of Representatives: 

Owing to the fact that the report of the Auditor is not printed, 
it will be impossible for me to speak as intelligently as I desire con- 
cerning the financial condition of the State. Auditor Norman, 
however, has kindly furnished me some information concerning the 
matter to which your attention is respectfully directed. 

By reason of the decision of the Appellate Court in the bank tax 
cases the State has been materially relieved. In other words the 
payment of 75 instead of 42i/^ cents on the |100 into the State Treas- 
ury has largely augmented the revenue. This, however, will add 
to the burden of many counties and cities which will now be com- 
pelled to increase their rate of taxation in order to supplement the 
losses they have sustained by reason of the fact that the banks have, 
in a large measure, been relieved of county and municipal taxes. 

But notwithstanding this relief to the State, it will be seen that 
its financial condition is not at all satisfactory. 

Auditor Norman informs me That at the end of the fiscal year, 
June 30, 1895, there was a deficit in the Treasury of |41,9GS.17 and 
139,981.77 to the credit of the School Fund. On the 31st of Decem- 
ber, 1895, this deficit is said to have been |19,355. There was at 
that date |113, 683.94 in the Sinking Fund, set apart, however, to pay 
military bonds and interest then due. The sheriffs had paid in all 
taxes due the State except |5,992 owing by the sheriff of Bracken 
county. 

There will be due the common school teachers during this 
month the remaining one-fifth of wages, about |400,000. The 
amount of unpaid warrants is |383,823.19. The amount of claims 
filed and allowed is estimated at $35,000. There is also due the 
charitable institutious for the last quarter |1 13,000. and the further 
sum of 1170,000 on appropriations to enlarge their buildings. 

Warrants have been issued to the State officials for salaries 
but the amount unpaid is not stated. These, however, are em- 
braced in the unpaid warrants! mentioned. Besides these there is a 
considerable amount due on claims allowed but not yet presented 
to the Auditor. 

The indebtedness above nanunl is in addition to the bonded in- 



aOVERXOh' WILLIAM O. liliADLHV. 7 

debtedness of the State, as follows, as shown by Aiulitoi-'s lepoi-t 
at the end of the fiscal year 1808, page 140: 

Military bonds $174,000 00 

Certificates of indebtedness 500,000 00 

Kailroad script, past due | :{04 00 

Thirty -year issue, 1835 5,000 00 

Also old issue, 1841 to 1846 1,000 00 

0.394 00 

(The last-named bonds supposed to be lost or destroyed.) 

Bonds held by tlu' P.oai-d of Education |2,312,590 10 

Total indebtedness |2,992,990 K) 

The resources of the Sinking Fund in said report are estimated 
at 1701, 008.91. 

Semi-annual interest is payable upon the school bonds held by 
the Board of Education, but the State will not be called upon to 
pay the i>i'incipal. The certificates of indebtedness draw interest, 
but the principal does not fall due until 1905. 

As already stated, the amount in tln:" Sinking Fund will be paid 
on the military bonds. 

It is manifest that steps must be taken to liquidate debts now 
due, for the credit of the State must be maintained at all hazards. 
As to what the estimated expenses and revenues of the present fiscal 
year may be, I do not know. I fear, however, that the present tax 
rate will not prove sufficient tO' meet current expenses, but as I have 
not the necessary data before me, can not S])eak with any degree 
of certainty. I shall recommend certain reforms, which, if adopted. 
will, in my judgment, curtail expenses and increase the revenue. 
Some of these, however, can not be made effective for some time to 
come; others may prove beneficial during the present year. 

1 submit to your wisdom on full information, after inspection of 
Auditor's report (which should be obtained at as early a date as 
possible) and a close scrutiny of all the surroundings, whether or 
not the rate of taxation should be increased, or what should be doni- 
to provide payment of accrued indebtedness. 

As stated, some of the remedies recommended may not be ]>ur 
into speedy operation because of the fact that they can not become 
available until the ])resent terms of those in office have expired; 
but that furnishes no reason why they should not be adopted, so 
that they may prove of benefit in the future 



8 PUBLIC DOCUMENTS OF 

CRIMINAL PROSECUTIONS. 

One of the largest exj)enditiires is that growing out of crimi- 
nal prosecutions. The witness fees alone are enormous and seem 
to be constantly increasing. 

The business of the Circuit Courts is seriously retarded and their 
expenses augmented, by reason of the trial of the immense number 
of statutory misdemeanors, which constantly crowd the dockets. 
At least one-half the expenses of grand juries are incurred by rea- 
son of time occupied in investigating, and a considerable portion 
of the expense of petit juries grows out of the time consumed in 
trying these cases. 

If the jurisdiction of this character of prosecutions, when the 
maximum of fine is under |500. or maximum of imprisonment is 
under one year, were transferred to the Judges of Quarterly Courts 
and the concurrent jurisdiction of Justices and Police Judges with 
said court to try misdemeanors as now fixed by law (the trials to be 
had under warrants), a large amount would be annually saved in 
witness and grand and ]>etit jury fees and eventually result in cur- 
tailing the number of judicial districts, thereby insuring an addi- 
tional saving to the State in salaries, etc. 

Another large expense is caused by the indiscriminate summon- 
ing of witnesses for which twenty cents each is allowed. Some- 
thing should be done to limit the action of ofticers in this respect. 
Again, it is said that in many instances persons are arrested on the 
charge of grand larceny when they are known to be guilty only of 
petit larceny, and in this way large suras are annually collected 
from the Treasury for arrests and witnesses. The enactment of a 
law is recommended requiring an affidavit to be made, plainly 
showing that the offense charged is grand larceny, before any order 
of arrest or subpoenas are issued. 

Examining Courts, too, are increasing expenses almost con- 
stantly. It is true the law limiting the fee to 14 per day has proven 
to some extent effective; but I suggest that not more than $2 shall 
be allowed for each day of eight hours or less consumed in the 
trial, and not more than |-4 in any event. It should be made the 
duty of the County Attorney, under penalty, to give these claims 
close attention and certify them under oath before payment can be 
made. 

The chief source of expense, however, is found in hung juries 
and repeated trials. In nearly every instance this results from difB- 



GOVERNOR WILLIAM 0. BRADLEY. 9 

ciilty in (l('tc'iiiiiiiiii<; the extent of punishment. In the Federal and 
many State Courts of the Union it Las proven quite efficacious, 
while having the jury to pass on guilt and its degree, to clothe 
the judge with power to fix the punishment. Doubtless the adop- 
tion of this rule in Kentucky would save the State thousands of 
dollars and at the same time result in more speedy punishment of 
criminals. 

ATTOKISEYS' FEES. 

Section 114, Kentucky Statutes, requires the Attorney-General 
to investigate all unsatisfied claims, demands and judgments in 
favor of the Commonwealth, and confers upon him the right to 
employ attorneys to prosecute the same, the attorneys thus em- 
ployed to be paid by the State. This employment should not be 
permitted unless the Attorney General in each instance makes affi- 
davit that he is unable to give the case personal attention by reason 
of sickness or press of business. 

It should also be provided that when judgment has been ren- 
dered in favor of the Commonwealth, no attorney shall be employed 
until there has been an earnest effort made to collect it by execution 
and the same has been returned no property found. 

Q'here seems to be no limit fixed by law to the compensation of 
County Attorneys. Aside from counties containing cities this may 
not be necessary, but there should be a limit provided in all counties 
in which there are cities of the first, second or third class, and all 
sums over that amount covered into the Treasury. The passage 
of a law of this character would doubtless save a considerable sum 
lo the State. 

ABOLISHMENT OF OFFICES. 

The abolition of the office of Commonwealth's Attorney was 
unquestionably contemplated by the framers of the Constituti(m. 
nud in my judgment it should be abolished. • In many of the States 
'of the Fnion the office does not exist, and the laws in such States 
a»-e equally well administered as are those where it does exist. By 
])laeing in the hands of the County Attorney all prosecutions and 
giving him a fair percentage on fines and forfeitures, in addition to 
allowances made by the counties, the office would be more desirable 
and be sought by a good class of competent lawyers. I do not mean 
b\ tliis to insinuate that the office is not now filled by competent 



10 PUBLIC DOCUMENTS OF 

gentlemen, but that men of larger experience who, in many instan- 
ces, can not now afford to take the place, would readily accept it ou 
account of the increased salary. 

The office of the Ki^gister of Ihe l>and Office has for years been 
a source of expense, without corresponding benefit to the State. 
The Constitution clearly contemplated its abolition, and I trust 
that you may see fit to al)()lish it at this session, placing the books 
and papers of the office in the hands of the Auditor or Secretary 
of State, after the expiration of the present term, and providing 
one clerk to look after the discharge of its duties. And in this con- 
nection, your attention is called to the fact that patents ai-e being 
constantly issued for land already appropriated. The effect of this 
is to cloud titles and lessen the value of real estate. It is suggested 
that you require every }>erson asking for a survey and warrant to 
notify the County Processioners, and have them give notice to all 
persons who have lands adjoining the land sought to be approjtri- 
ated, and all others who are known to them to have any claim upon 
the adjoining lands, or that sought to be patented, of the time of 
making the survey. 

The Commissioner of Agriculture and the Agricultural Bureau 
cost the State annually a large sum of monej'. The benefit, if any, 
derived is very slight. As to the Grain Inspector and Weigher, if 
necessary, the ])ower to appoint should be lodged with some State 
officer. An amendment should be proposed to the Constitution for 
the abolishment of this unnecessary State appendage. 

The Board of Equalization, in my judgment, has proven an af- 
rtiction. The selection of men in distant portions of the State to 
pass upon the value of property already sworn to by the party as- 
sessed, certified by the Assessor and revised by the County Su]>er- 
visors of the locality where it is situated, can not be otherwise th:in 
uncertain and unjust. It is suggested that the revenue or Auditor's 
agent, whose duties and com])ensation have recently been regulated 
by law in such way as to make them an advantage to the State, be 
required to look carefully into the list of assessed property after 
the meeting of the supervisors and take such steyvs as he may deem 
necessary by action or prosecutfon, to discover any property not 
listed; and where property has been assessed at less than its value 
at a fair voluntary sale, to institute such proceeding as may be nec- 
essary to recover the taxes properly coming to the State, together 
-with a certain per cent, by way of compensation to the agent. 

The Auditor's agent should be an attornev at law or, if not,. 



GOVERNOR WILLIAM 0. HRADLEY. 11 

should bo compelled to employ an attorney and compensate him out 
of his per cent, for his services. 

KEDUCTION OF SALARIES. 

At the conclusion of our civil war, while <iold was selling at a 
large premium, the salaiies of the State olHcers were not nearly 
so large as today — in many instances not one-half as much. Not- 
withstanding this, competent persons were as anxious to serve the 
State then as at any period of its history. 

It is true that salaries can not be reduced except to take effect 
after the expiration of the term of the present incumbents, but 
this furnishes no just reason why they should not be reduced, to 
take effect after that time. Public officials should be reasonably 
compensated, but the tax-payer should not be overburdened or op- 
pressed. 

REVENUE AND TAXATION. 

The passage of a well-regulated law increasing the license fees 
of wholesale and retail liquor dealers, druggists and distillers, 
would produce considerable revenue. The same may be said of in- 
creased license fees on pool and billiard tables and other similar 
devices and of special taxes for the sale of tobacco, cigars, etc. 

The license fees for the circuses and other entertainments might 
well be increased and regulated according to the population of the 
various counties in which they exhibit. License fees might be re- 
quired of all persons selling pistol cartridges and all newspapers 
and others offering to furnish firearms as premiums. 

A fee of two dollars should be charged for each commission is- 
sued to an officer. The tax on deeds and mortgages should be regu- 
lated according to the value of the property mortgaged or conveyed, 
not less than twtnity-five cents and not more than |2. There is no 
reason why a moi-tgage or deed for .flOO worth of property should 
be taxed as mucli as one for |T,000 worth of property. 

It is believed that a carefully considered bill, along the lines 
indicated, would produce the needful amount of revenue. These 
additional taxes may be readily repealed in the (n'ent that the re- 
forms suggested, together with those that may oceur to you. should 
materialh- lessen expenses. 



12 PUBLIC DOCUMEyrS OF 

PENITENTIARY. 

The reports of the wardens of these two institiirions will be 
placed before voii. It is quite disconras'inj? that 501 convicts are 
practically idle at a larye ex])ense to the State, and that in addition, 
the branch penitentiary is crowded beyond its healthful capacity. 

The value fixed to constitute lai ceny a felony, is in many instances 
too small. The larceny of a hog of ^i value and of a. horse, mule, 
jack or jennet of any value is punished by confinement in the peni- 
tentiary. Similar punishment is intlicted for the embezzlement of 
any sum; or the obtention of money or ])roperty of any value under 
false pretenses. While this is true, the larceny of goods, money, 
chattels or other property, does not subject the thief to punishment 
in the penitentiary, unless the same be of as much value as $20. 
This difference should not exist, but the standard be fixed at |20 in 
each instance. If this were done and the petty thief of all classes 
compelled as punishment to work the public roads in counties in 
which the crime is committed, we would have good roads and a 
much less expensive penitentiary. It is better to build roads than 
to enlarge penitentiaries. 

Now, as to the employment of the convicts. In another portion 
of this message it is suggested that they be employed on the pub- 
lic works of the State. There are other ways, however, in which 
they might be properly engaged. 

Why should they not manufacture their own clothing, shoes, 
hats, etc., and, for the purpose of enabling them so to do, be fur- 
nished with the proper tools and machinery? Or, as suggested by 
my late distinguished predecessor, they might at a small expense 
be employed in making brooms. Men can not be worked success- 
fully inside the walls of a penal institution unless they are i>rovided 
with some sort of machinery. 

There should be a steward at each penitentiary, charged with 
the purchase of supplies from the best and lowest bidder (as herein- 
after set out under the head of Charitable Institutions), his con- 
tracts being subject to inspection and approval by the warden. To 
place the duty of purchasing supplies upon the warden, who has 
so may pressing demands on his time, is unjust both to him and 
the State; and the Sinking Fund Commissioners, each of whom has 
enough to occupy his attention, can give but a casual inspection to 
such matters. As a general rule it is more desirable to dispense 
with than create offices, but in this instance it is believed there 



GOTEIiyOK WILLIAM O. BRADLEY. IS 

would bo anuiially saved a inucli larger .sum tlian the salary of the 
oflicial. 

ROADS. 

The State, as a rule, has paid but little attention to the estab- 
lishment and maintenance of public roads. Either the present 
system is defective or its provisions not enforced. If persons con- 
victed of misdemeanors were compelled to work out their fines on 
the county roads it would prove quite beneficiaL 

I can not undertake to enter into a thorough discussion of this 
subject, but earnestly call your attention to it. Good roads are 
of great benefit to those who are compelled to ship merchandise 
or produce, and as has been well said by an eminent writer, are 
"indubitable evidences of thrift and a high order of civilization. " 

ARBORICULTURE. 

In many portions of the State the forests are well preserved^ 
while in others (the earlier settled portions) the land is almost de- 
nuded of trees. 

Your attention is called to the forestry law of other States, and 
I trust you may enact some legislation preventing the wanton de- 
struction of trees, and in some measure looking to the gradual plant- 
ing and growth of new forests and .'proves. 

SALES FOR TAXES. 

The law allows the sheriff |2 per list for advertising sales for 
taxes. These advertisements in most, if not all instances, may be 
embraced in a single line at a cost not exceeding ten cents. It is 
recommended that the law be altered so that this unjust burden 
may be removed from the tax-payer. 

PRIVATE SANITARIUMS. 

Complaint of serious character has been lodgcMl against one of 
the sanitariums of this State. It is suggested that a law be enacted 
requiring institutions of this character to be thoroughly inspected, 
and throwing such safegnai'ds around tlie patients as will prevent 
the imi)ro])er I'eception or detention of ])ersons who should not, of 
right oi- i»i-or!'i('ty. b(^ confined rlu'iein. 



i4 rUBIAC DOCUMENTS OF 

JUDICIARY. 

The Criiniiuil Code iccjuiics Hw personal presence of those 
charged with felonies during' the trial, and that they shall be placed 
in custody' during adjournments unless their bondsmen agree to be 
bound on tlie bond, and when the case is given to the jury that the 
•defendant be placed in charge of the jailer. 

As regards misdemeanors, the rule is different. Bonds should 
be required for the attendance of defendants in those cases at the 
beginning of and during the trial, and when the case is submitted to 
the jury the defendant sliould be ])laced in the hands of the officer. 
There is no reason why one able to give bond should be allowed 
to go at large after submission to the jury, and another less fortu- 
nate be placed in charge of an ofiicer. 

The only effect of this statute, is to give time in the one instauc' 
until influential fr-iends are enabled to ask remissions hj the Gov- 
ernor' and the defendant thereby ])ermitted to escape committal, 
while those less fortunate are promptly confined in jail. 

MOBS. 

The prevalence of mob violence in Kentucky is deplorable. 
Nothing has so much injured the State's rejjntation abroad and 
nothing so seriously retarded immigration and material prosper- 
ity. !No excuse can be made for this cowardly practice. 

1 suggest that a statute be enacted providing severe penalties 
xigainst all persons who, directly or indirectly, b}' word or act, en- 
courage such atrocities. 

Freedom of speech and of the press does not imply unbridled 
license. The right to endorse violations of law and encourage crime 
does not exist anywhere in good government. The press of the 
United States, however, is denouncing in unmeasured terms the 
late crimes committed in Marion county, and we can not hope to 
attract i^eace-loving and law-abiding people to the State if such in- 
human pi'actices go unpunished. 

IMMIGRATION. 

That the present law in the Ignited States concerning immigra- 
tion should be carefully remodeled, and the tide of worthless and 
dangerous people flooding (uir shores be stayed, is admitted by all 



(,u\hir\01! WILLIAM O. UWADLLY. l.> 

sobei'-tliiuking men. The respectable and industrious element of 
foreigners is who have found homes in this republic, ai)preciate this 
fact no less than nali\e-born citizens. Every worthless immigrant 
only reduces the wages of some deserving laborer. Good citizens, 
of whatever nationality, are interested in preventing the landing of 
paupers, criminals and law-breakers. The naturalization laws 
shonld be carefully revised, so that as nearly as possible undeserv^ 
ing persons should be denied citizenship. 

It might be of benefit if your honorable body would request our 
Senators and Representatives in Congress to take some stei)S to 
remedy this evil. 

But while it is necessary to prevent the compai-atively indiscrim- 
inate coming of such persons among us, the State is deeply interest- 
ed in attracting upright, industrious persons to its citizenship, and 
the establishment of a Bureau of Information for the accomplish- 
ment of that end would doubtless prove most beneficial. 

FEDERAL COURTS. 

I am informed that in September, 1895, J. A. Tompkins, who w^as 
one of the posse of Deputy United States IMarshal Sloan, killed 
Richard Lawrence in Clinton county, Kentucky, and was, at the 
October term of the Clinton Circuit Court, indicted for murder. I 
am also informed that such killing w^as not done while Tompkins 
was In the discharge of his duty as a member of the posse. vSubse- 
<iuent to the indictment, Tompkins filed a petition in the United 
States Circuit Court at Louisville under Section 643 of the United 
States Revised Statutes, claiming that at the time he did the kill- 
ing he was in the actual discharge of his duty as a part of the posse 
aforesaid, whereupon the case was docketed in that court and an 
order made and served upon Ihe Clerk of the Clinton Circuit 
<^V)urt. ordering him to transmit the record to the United States 
Circuit Court, and commanding the State to proceed no further. A 
motion was made to remand the case to the State Coui't and over- 
ruled, and a motion to file an answer controverting the statements 
of the petition was also overruled, it being claimed that the United 
States Court had jurisdiction to try him, but intimated that if the 
act a]»]ieared not to have occurred whilst in the discharge of his 
official duty, he would be remanded to the State Court. 

The practice of the United States Courts is to defend its officers 
wOien it ;!pj)ears that they have acted witliin tlic line of their official 



16 FLBLIC UOiJi.MESiH Of 

duty. Heuee, ou this iriiil there will be no ]>i'osefntion in this case 
nnless onr State officers are enabled in some way to obtain the at- 
tendance of witnesses. 

The Coninionwealth's Attorney of that district, with commenda- 
ble zeal, has followed the case to the Ignited States Circuit Court, 
but has no means of secnrinji the attendance of witnesses, the 
United States Court declining to pay for their attendance as there 
is no statute authorizing it. 

I recommend that you imnu^diately enact a law such as will 
cover tliis and all similar cases that have arisen or may arise, en- 
abling the Commonwealth to protect her citizens through her own 
courts. 

EXEMPTION LAW. 

The present exemption law exempting -1^.50 in favor of those who 
work for wages, is rendered substantially inoperative by reason of 
the proviso that no exemption shall exist as against debts for food, 
raiment, fuel, medicine or house rent. 

Many of these wage-workers have no property exempt from ex- 
ecution and under the attachment laws their wages are continually 
being attached, in many instances without just cause, and large 
sums consumed in cost upon the ground that they have no property 
subject to execution or not enough thereof to pay the debt sued for. 

I suggest that the exemption be increased to |75 without excep- 
tion, and that this exemption, when claimed, shall prevent the party 
from claiming any personal property as exempt from execution in 
addition thereto. 

CHARITABLE INSTITTTTTONS. 

As already stated, the balance unpaid on appropriations to en- 
large building of charitable institutions is |176,000 and the unpaid 
expenses for last quarter |11.S,000. The helpless and unfortunate 
condition of the inmates of these institutions demands your prompt 
attention. 

The Superintendent of the Central Lunatic Asylum reports that 
there is no room for any more colored lunatics in any of the State 
asylums. An examination will show that, in proportion to po])ula- 
tion, there are not as many colored as white lunatics in the vai-ious 
asvlums. 



aOVEliMJli ]\TLL1AM O. BRADLEY. 17 

Superintendent Tusey reports that the appropriation for en- 
largement of buildings for the wliites at the last General Assembly 
has enabled the construction of buildings which will make ample 
provisions for them for several years to come. He also expresses 
the opinion that an approjjriation of |30,000 would erect buildings 
for 130 colored jjatients, and says that there are now on tUe 
ground 500,000 brick with which to begin the work. It is earnestly 
recommended that you investigate this matter and make such ap- 
propriations as you think necessary to insure proper accommoda- 
tions for these unfortunate people; or in default of this, that you 
allow^ the use for colored persons of a portion of the unoccupied 
buildings now finished for the whites. 

There is a remarkably larger percentage of lunatics from some 
localities in the State than from others, so much so as to awaken 
the suspicion that there are possibly many confined who are not 
lunatics, but who under the statutes are idiots and are not danger- 
ous or uncontrollable. The law regarding inspection in this re- 
spect seems definite, but your attention is called to the subject for 
such investigation and further legislation as you may deem proper. 

The present law requires the steward of the various asylums, 
by direction of the Superintendent, to purchase and furnish all 
needful supplies, and that they shall be bought where they can 
be bought the cheapest, due regard being paid to quality. I think 
the law should be so amended as to require stewards to send a list 
of groceries, breadstuffs, clothing, sheeting, blankets, towels, furni- 
ture and furnishing goods, meats (except fresh meats) necessary 
to be purchased to at least six wholesale houses, and request sealed 
bids to be delivered to Ihe Superintendent, when he, the steward 
and receiver, or any tw'o of them in case of disagreement, shall 
accept the best and lowest bid, all such bids to be then filed, to- 
gether with the report by them as to which has been accepted, 
with the Commissioners, and retained by them. This rule, how- 
ever, should not prevent any person from making a bid who may 
desire: but all of said bids should be opened at the same time and 
place. This should not apply to any small purchases that may nec- 
essarily have to be made from time to time. In this way all favor- 
itism and fraud might be prevented. I do not mean to indicate 
that any impropriety has been indulged, in the purchasing of sup- 
plies, but this furnishes no reason why the interest of the State 
should not be fully pi-otocted. 

It is urged in many quarters that the per capita allowance of 



li FUBLIV DUCUMEXTki OF 

|15U to luiuilics is c'xtrnvii^aiK. 11 iiiij;lil not be impolitic, consid- 
criug' the jireseiit condition t)l' allaiis, tor you lo nialce investiga- 
tion of this char;;e. We sliouhl nol piacticc ('((inoiiiv to tiic ih'lri- 
nient of tliis iinfortunate class, but it th(>y can be coinloiiably and 
ri'speciably maintained for less, ihe alhtwance should be cuitailctl. 
, There are various sugj^cslions nia(h' in liic dill'erent re]>orts tiled 
bcfoic you which it is unnecessary for me to repeal, and all of 
Avhich will doubth'ss have your (houi>htful attention. 

IMT.MC ilKALTli. 

The re]tort of ihe Uoard of iieallli has been submilled lo your 
honorable body and will doubtless be carefully read, as it certainly 
deserves to be. It is believed that Kentucky has tlu^ best organ- 
ized, most economical and elVective Board of Heallh in the United 
States. 

And in this connection, I desire to call your attention to the sale 
of cigarettes and cigarette imper. The medical profejision almost, 
if not entirely, condemns the use of these articles. The most sin-i- 
ous deterioration of body and mind, especially among the youth, 
is caused by the use of these slow, but deadly poisons. Out of 
their use grows an appetite for strong drink and opiates in their 
most dangerous forms, which eventually leads to destruction. In 
conformity to the request of many of the best citizens of the Com- 
nmnwealth, I recommend that the sale of cigai'ettes and cigarette 
l)a]ter be ])i*ohibit(Ml. 

TURNriKEt^. 

])i\i(iends on lurnpiive stock are rendered impossible in some 
instances, and are nniterially reduced in every instance, on account 
of the i)i'actice of the directors and otlu'r ofllicers, with nu'nd)ers 
of their families, failing to pay ihe loll. It has become a custom 
for these genllenien lo give i)asses over the roads for which they 
act to oflicers having in charge other roads of a similar character. 
This should be forbidden, and a lixed allowance made to the di- 
rectors for ser\ices rendered at each meeting, with a limitation 
on the number of meetings anjiually. 



(i<>\ i:ii'.\(n: wii.i.iwi (>. Ill; {nni-TY. 19 

VACANCY IN OFFICE. 

S('cli<»ii ITii' (iT ihc SIjiIc < 'oiisl it III lull prctN ides llial \;ic;iii- 
cics in iill (dliccs * * * "lor disiiicls hir^cr lli:iii :i couiily'' 
sliiill be lillcd \)\ I lie ;il>i)(»iiil iiiciiL ol' (iic ( iovciiMti'. 

jr lliis scciioii he lilciiilly coiistniod, tlie anoniiilv is jHcsriilcd 
of the (jovernoi- liiiiii^- \jicjiiicios in iill (lie lliirly Circuit Conrl J)iH- 
ti-icts, exec])! foiii'. II is seriously (loiiblcd wlicllicr sucli wms I Ik? 
intention of ilic IrjiiiKTS of tlie Constitution. 

At the instance of my late distinguished predeeessor, the (Im- 
eral Assembly (Section .'{758, Ky. Statutes) enjicted a law reniovinj;- 
all uncertainty as to the api)ointnient of Circuit Judj^cs. 

Section 1528 of tlu? Statutes, however, has involved addilional 
complication, by ])i"ovidin<;- I hat in case of vacancy in tlui oHice of 
Commonwealth's AHoi-ney, I lie same sliall be sui)])lied by the Cii-- 
cuit Jud^c Evidciilly Mils slaliilc is in direct conflict willi liie 
Constitution, excepi, peilia|)S, as lo districts not larger I ban a 
county. It is sujjj;<'sl('d that uniformity should exist in this mat- 
ter and, for that i)ui-pos(', Dial a law should be passcl aiilliori/,iii^ 
the Governor to fill all siicli Nacancics. 

STATE CAPITOL AND BUILDINGS. 

The prcsciil Slate House and Mansion are nol siicli as to coiii- 
mcnd llicmselves to the adiiiiiat ioa of llic public and arc not in 
keeping with the progress of the aj;-e. Now llial the protracted con- 
troversy concerninj; the location of the Capital has been sell led, 
steps should be taken at as early a iiioiiient as piacticable to erect 
such buildin<;s as will not only be creditable to the State, but will 
affor<l ample protection to books and i-ecords and ^ive nec<'ssary 
room for the comfortable and s|»ced\ transact i(»ii of business. The 
present Capitol is old and insecure — nol lireproof — and in s(»me re- 
spects ref^arded as danj;('i'ous to a portion of the olhceis who use; it. 
The Executive Mansion is old. out of repair and iiiicoinfortable, and 
the lower floors ai-e sustained by pi-ops to ])i-event them from fall- 
ing. Enoiigh has been expended in repairinj,' it to have built sev- 
eral splendid edifices. Its site is by no means eligible and its sur- 
roundings everything but checM-fiil oi' agi-eeable. The lot, however, 
I am assured is valuable for some ])urposes and could be sohl for 
nearly if not quite enough to purchase a respectable dwelling. 

Thei-e aie moi-e tlum fixe hundred idle convicts in the penilenti- 



20 PUBLIC DOCUMENTS OF 

ary who are a bui-deii to the tax-payers. The Coiistitutiou allows 
the State to employ them upon public works. ^Vhy not utilize 
them iu the constructiou of a new Capitol,, and thus save the State 
from ^luiinlaining- them at a great cost and the people from tax- 
ation for that purpose, and to the extent that they may be utilized 
for such building give to the people some recompense for main- 
taining tJiem? 

By retaining the east wing, erecting a similar one on the west 
side of the old building, sujiplying the center with a comfortable 
structure and using convict labor, a new Capitol could be construct- 
ed for a comparatively small suju, iu keeping with the dignity of 
the State and without serious burden to the tax-payers. 

After estimates by architects upon the basis mentioned, or any 
basis your wisdom may suggest as best, a law might be passed in 
conformity to Section 50 of the Constitution, submitting the ques- 
tion to the people, and also providing for the making of contracts 
and completion of the buildings within a certain time after the 
election in the event the proposition should find favor. 

I am convinced that if the i^roper effort is made to economize it 
will be found that the annual saving to the State will, within five 
years, amount to a much larger sum than the cost of these build- 
ings. 

ELECTIONS. 

The ballot is the safeguard of republican institutions. Through 
its lawful and proper exercise alone can the will of the people be 
ex})ressed. Every protection thrown around it, everj^ effort to 
purify it, so that the humblest citizen may cast his vote untrammel- 
ed and have it fairly counted, is protective of good order, good gov- 
ernment and the liberty of the people. The present system is a 
great improvement, but contains many imperfections, to some of 
which your attention is called. 

1. Where registration is enforced, especially in large cities, it 
is said that regularly registered voters, in some instances, are false- 
ly impersonated, and on this account persons, who are not entitled, 
vote, and in this w^ay prevent legal voters from exercising their priv- 
ileges. As to whether this charge be true I do not know, but the 
fact that such a thing might be done is sufficient to call for the en- 
actm.ent of such laws as will in some measure identify the lawful 
voter. 



GOVERNOR WILLIAM 0. BRADLEY. 21 

2. The intention of the ballot s^jsteni was to enable every citizen 
to cast his vote in such a way as to secure perfect secrecy. In view 
of this intention it appears ini])roper tl'at in registering voters, tlie 
oificer should have the right to ask and record their }»arty affilia- 
tion. It is said that this is done upon the theory that in prim- 
ary elections i)arties may be enabled to control their oi-ganization. 
In places where no registration is allowed, no diflSculty is experi- 
enced in this matter, and none, I presume, would be experienced 
elsewhere. The party presenting himself to vote at a prinuiry elec- 
tion might be sworn by the officers as to his qualifications, if de- 
manded, and punished if guilty of false swearing. 

3. Primary elections should be prohibited from being held at 
the same time or place of the holding of regular elections. They 
consume time and create confusion and undue excitement. The 
vote counted as cast, guaranteed, whether there is or is not a con- 
flict with or affect tlu' election of otticers. 

4. There is a diversity of opinion as to whether canvassing or 
examining boards have the right to pass on rejected ballots. This 
should be made plain and the right of every citizen to have his 
vote counted as cast guaranteed, whetJier there is or is not a con- 
test. The law" should be explicit that no citizen shall lose his vote 
■on account of the technical failure of any officer to discharge a 
plainly ministerial duty when the officers of the election are satis- 
fied that the ballot w-as in fact deposited. 

5. The placing of the emblem or party device in a square, and 
then requiring the voter to make his cross-mark in the square be- 
neath the emblem, has led to confusion and uncertainty. The 
emblem should be placed at the head of each ticket and a square 
beneath and entirely disconnected from it, and the cross-mark re- 
quired to be made therein. 

6. Article 1.3, chapter 41, of Kentucky Statutes, provides pen- 
alties against certain frauds in elections, many of which are dead 
letters because. Section 1594 prohibits conviction upon the testi- 
mony of a single witness, unless sustained by strong corroborating 
circumstances. Surely, such a safeguard as this is unnecessary, as 
the defendant may testify. 

7. The practice of corralling voters and with money and whis- 
ky persuading them to remain away from the polls, is quite com- 
mon. 

The law should prevent this, and should in all such cases author- 
ize the issuance of a writ of habeas corpus on the petition of any 
person, and on the trial thereof then and there to be had, re- 



22 PUBLIC DOCUMENTS OF 

quire the Judge or Magistrate to release the person detained. In 
addition, laws should be enacted with severe penalties against the 
person or persons having the voter m unlawful custody. 

8. According to the present law, when any party has failed to 
nominate a candidate by convention or primary election, upon 
a petition, signed by the requisite statutory number, any individual, 
however objectionable, may have his name placed under a party de- 
vice. Frequently this may prove distasteful to the party and 
should not be allowed. 

9. Section 1458 prohibits the Secretary of State from certifying 
and the County Clerk from placing the name of a candidate prop- 
erly certified to have been nominated, on the ballot, whenever noti- 
fied by such candidate that he will not accept the nomination. Sec- 
tion 1464 provides that in case of death, removal or resignation 
after the printing of the ballot that certain steps may be taken to 
meet the contingency. I suggest, that in either state of case referred 
to in the last named section, or in the case mentioned in Section 
1458, it be made the duty of the Secretary of State or Clerk, to at 
once give notice to the Chairman or Secretary of the State Central, 
District or County Committee, and that pasters be provided and 
used in such cases and proper steps taken by the party organization 
such as will enable such party to supply the place as provided in 
Section 1464. 

10. Section 1557 prescribes a tine of |50 and imprisonment in the 
county jail against any officer upon whom a duty is imposed in 
chapter 41, who shall wilfully neglect to perform the same, or who 
shall wilfully perform it in such a way as to hinder the object of the 
law. A glance at the many important duties which this section 
g-overns will demonstrate, that the punishment is entirely inadequate 
as to oiScers of registration and officers of regular and primary 
elections. Particularly is this true as to the duties assigned to the 
Secretary of State in certifying nominees; the Clerk in the i>roper 
preparation and distribution of stencils and ballots; the Sheriff in 
delivering ballot boxes; County Judge in the appointment of offic- 
ers of election and giving the notice of same; the admission of un- 
authorized persons into the booth or within less than fifty feet of 
the polls; the counting of votes and the preservation of contested 
ballots. In this connection, I fail to see that any punishment is 
inflicted upon an officer of the election for wilfully and knowingly 
refusing to receive a legal vote. It is recommended that the law 
be carefully revised so as to severely punish all violators thereof, 
and make it sufficiently comprehensive to provide safety and secur- 



i 



GOVERNOR WILLIAM 0. BRADLEY. 23 

itv for the voter and eertaiiity that his vote will be honestly 
counted. 

11. Section 1148 limits the appointment of ofKicers of election to 
*»ouse-keepei'S. Many competent persons are excluded bv this aoo- 
'■ion and it should be repealed. 

KAILKOADS. 

Foreign railroad corp>orations come into our State, avail them- 
selves of the benefit of our laws, and yet i)romptly transfer every 
case that is transferable under the Federal Statutes to the United 
States Courts, which, in many instances amounts to a denial of 
justice to those who are too poor to leave their homes to prosecute 
their causes in a distant part of the State. Hitherto, under the in- 
terstate commerce provision of the National Constitution, these cor- 
porations have succeeded in defying State legislation. ]\Iight this 
not be remedied by the passage of a law providing, that no cor- 
poration, com})any or association, created or organized by any au- 
thority other than the laws of this State, v.liether acting by officers, 
agents or receivers, shall carry o^er any railway in this State, for 
pay, from any point in this State to any other point therein, either 
person or property, until the same shall become a corporation citi- 
zen, resident of this State, in manner as now or as may be hereafter 
provided b}- law. 

LOCAL SELF-GOVEKXMEXT FOR CITIES. 

It is urged, and I am satisfied truthfully, that many of the 
cities of the State are laboring under serious disadvantages by rea- 
son of the fact that the Constitution denies to them the right of 
local self-government. That it is quite difticult. if not impossible, to 
adopt any general system of municipal law or taxation that will 
jiive entire s.atisfaction, is apparent. The locality or surround- 
ings in each and every instance should be consulted, as well as 
the advantages afforded cities of other States with which our own 
are brought into competition. The pros])(Mity of th(^ cities is largely 
the prosperity of the State, and the converse of this proposition is 
equally true. 

Xo legislation can be had which will rcMuedy this ti'ouble. The 
only remedy is to change the Constitution. 

It is recommended that your honorable body bring this n.iatter 
before the people by proposing an amendment to the Constitution, 



24 PUBLIC DOCUMENIS OF 

allowing cities of such classes as you mav deem best, tbe right of 
local self-government concerning municipal taxation, with the dis- 
tinct condition that the right of suffrage is not to be interfered 
with or abridged in any way. A fair discussion of the subject will 
be productive of good results and the i)eople may at all times be 
trusted. I do not wish to be understood as favoring any change of 
State or county taxation, but only to submit the question as to city 
taxation. 

CHICKAMAUGA AND CHATTANOOGA PARK. 

The United Stales Government has purchased the .ground occu- 
pied by the contending armies near Chattanooga, during the battle 
of Chickamauga, and made a National Park of same. 

Nearly every State, perhaps all, save Kentucky, has erected 
monuments to perpetuate the deeds of its troops and indicate their 
])Osition during the conflict. In that battle Kentucky had seventeen 
Union organizations, of which thirteen were infantry, and four cav- 
alry; and nine Confederate organizations, five infantry, two cavalry 
and two artillery'. Perhaps there was some artillery attached to 
the Union forces also. On that day, Kentuckians on either side, won 
imperishable renown. It is a source of mortification that up to this 
time the State has taken no steps toward the recognition of the 
gallant conduct of her distinguished sons. 

That economy should be practiced is true, and that our present 
financial condition is far from satisfactory is equally true; but some 
little hardship should be endured by the living, rather than injustice 
done the illustrious dead. The State can not at this time. make 
such an appropriation as the subject demands. We could not un- 
dertake to erect monuments to indicate the position occupied by the 
regiments, but might, as I understand the State of Tennessee has 
done, with an appropriation of flO,000, erect one monument each to 
the infantry, cavalry and artillery engaged on either side, and de- 
note the position of regim.ents and brigades by simple and in- 
expensive markers. A commission should be created, composed of 
an equal number of soldiers of each army, to see that this fund is 
impartially and carefully expended in the recognition of both Union 
and Confederate soldiers. 

I favor any action that may blot out the unpleasant memories 
of the past and bind in harmony and brotherly affection the late 
opposing sections of our beloved country. 



GOVERNOR WILLTA^T O. BRADLEY. 25 

EDUCATION. 

Monarchies may be preserved by the exercise of power, but 
upon an educated and intelligent people depends the perpetuation 
of republican principles. It is, therefore, of prime importance that 
Kentucky should look well to the education of her youth. The 
State tax is as liberal as the present financial condition will allow. 
Local taxation, however, has proven by no means effectual, and our 
system is far behind that of many States of the Union. This com- 
parative failure of local taxation is doubtless in part due to the small 
and isolated districts in many sections of the State. The trouble 
might be materially lessened, by levying local taxation on counties 
and dividing the amount thus secured per capita among the various 
districts; or much good might be accomplished, by making magiste- 
rial districts units for taxation with division per capita among 
school districts therein contained. In either case, there should be 
one competent member of the County Board of Education in the 
district who with the other members of the County Board of Edu- 
cation and County Superintendent, as chairman, might act. Mem- 
bers of this County Board should possess certain specified qualifica- 
tions and have general supervision of educational affairs in their 
respective districts; the entire board, however, to have control of 
the affairs in the county, and to meet at stated times and adopt rules 
for the educational affairs of the county, as well as, the employment 
of teachers for the several districts. The compensation of these 
members should be nominal, by releasing them from per capita tax, 
road service, etc. Owing to the contentions that have grown out 
of the election, in many instances, of incompetent trustees, the 
employment of teachers, etc., this change would doubtless prove 
very beneficial. The present trustee system should be abolished. 
In each sub-district as now organized there might be one trustee 
charged with minor affairs. He might nominate teachers for the 
sub-district in w^hich he lives, subject to the approval of the County 
Board, and these trustees might be chosen by election. 

Something should be done also, to secure better attendance. 
Doubtless, improved schoolhouses and accommodations, and more 
local aid, would, to some extent, assist in this matter. There should 
be steps taken to insure from twelve to fifteen wrecks of school ad- 
vantages to children between eight and sixteen years of age who 
are compelled to labor for their support. Guardians, should also be 
required to give children under their charge similar advantages. 



26 PUBLIC DOCUMEXTS OF 

By all meaus there should be established and maintained a mini- 
mum school term of not less than seven months in every district 
in the State. Your attention is called to the very able report of Su- 
perintendent Thompson, whicJi contains many valuable sugj^estions. 
It is said that Kentucky pays twice as much for school books as 
States north of us. If this be true, such laws should be enacted as 
will remed}' it. If uniformity in text-books should be required, the 
prices would be necessarily reduced. 

FEEBLE-MINDED INSTITUTE AND HOUSE OF REFORM. 

For many years complaints have been made concerninti- the 
Feeble-minded Institute, and it has been claimed by many familiar 
with its operations that the large expense of maintaining it is not 
comi)ensated by the material good effected. As to the younger 
children confined therein, who are idiots, they might be cared for 
by the respective counties of their residence, while those who are 
lunatics might be sent to the asylums, as in other cases. 

It is vastly more important to save from ruin and direct in 
proper paths the steps of wayward children of natural intelligence, 
and in some instances of fair acquirements, who, by force of cir- 
cumstances or want of proper restraint and advice, have become 
criminals, than to expend efforts for the im])rovement of those wh<r 
have practically no intelligence and who at most can not be made 
self-sustaining or responsible. 

Prior to 18G9 Hon. Harry Todd, keeper of the penitentip'v, 
recommended, and in that year Governor Stevenson besought, the 
law-making power to erect a house of reform. Time and again since 
similar relief has been asked for these unfortunate youths. 

Our present Constitution. Section 252, makes it your duty "to 
provide by law, as soon as practicable, for th(^ establishment and 
maintenance of an institution or institutions for the detention, cor- 
rection, instruction and reformation of all persons under the age of 
eighteen years, convicted of such felonies and misdemeanors as may 
be designated by law. Said institution shall be known as the House 
of Reform." 

For many years, mere children have been confined in the peni- 
tent iary, and a nunibei' are now confined there, despite the fact that 
many have been ])ardoned by the various Governors on account of 
their extreme youthfulness. These children have been, and are 
now being, associated with old and hardened malefactors, and 



GOVERXOR WILLIAM 0. BRADLEY. 27 

doubtless many ulio uii^lil have been refoniied have become the 
most accomplished criminals by reason of superior advantages and 
training in the penitentiary. 

It is respectfully lecommcnded that the Feeble-minded Institute 
be abolished, and the inmates returned as lunatics are returned un- 
der the present statute to their friends, or to the counties from 
which they came; and that the building be turned into a House of 
Reform, and such changes, together with regulations, enacted, for 
its management as you uuiy consider best, 

INSPECTION OF PUBLIC OFFICES, 

Section 4, article 2, chapter 108 of the General Statutes, pro- 
vides, that a committee composed of members from both Houses 
shall be appointed within ten days after the organization of the 
General Assembly, at every regular session thereof, whose duty 
it shall be personally to examine into the Treasury; examine all 
papers or vouchers upon which money has been paid for each of the 
preceding two years; ascertain the amount of money paid into and 
paid out of the Treasury, and the amount of public money on hand," 
etc.. etc. The same section requires the Auditor's office to be in- 
vestigated. 

This seems to have been omitted from the Kentucky Statutes, 
but is yet in force, as those statutes have not been adopted as con- 
taining all the law of the State. 

Governor Buckner called attention to the fact that this statute 
had been overlooked, and requested that all the State offices should 
be carefully inspected and reported upon. I, likewise, call your at- 
tention to this statute, and repeat his recommendation.. 

LIBELS. 

Of late, numerous untruthful stories concerning tlie commission 
of crime in Kentucky hnxe been given currency by unprincijded 
correspondents, all to the great detriment of the State. I recom- 
mend, in order to restrain these irresponsible |>ersons, that a law 
should be passed providing severe punishment for all i)ersons who 
wilfully state, deliver or transmit to any manager, editor, pub- 
lisher, reporter or other employe of any newspapei'. magazine, pub- 
lication, periodical or seiial, any falsehood concerning any person, 
corporation or community. 



28 PUBLIC DOCUMENTS OF 

STATE APPORTIONMENT. 

The fact that all political parties, more or less, have been guilty 
of gerrvmandering in order to perpetuate themselves in power on 
the one hand, and impair or destrov the riglits of the minority on 
the other, furnishes no excuse for this iniquitous practice. Such was 
the view of the framers of our ])resent Constitution, and in order 
to prevent such a wrong the following sections were adopted: 

''Section 116 — The General Assembly shall, before the regular 
election in 1894, divide the State by counties, into as many districts, 
as nearly equal in population and as compact in form as possible, 
as it may provide shall be the number of judges of the Court of 
Appeals." 

"Section 128 — At its first session afti^r the adoption of this 
Constitution, the General Assembly having due regard to the ter- 
ritory, business and population, shall diA'ide the State into a suffi- 
cient number of judicial districts to carry into effect the provisions 
of this Constitution concerning Circuit Courts. * * The num- 
ber of said districts, excluding those in counties having a popula- 
tion of 150,000, shall not exceed one district for each 60,000 of the 
population of the entire State." 

''Section 33 — The first General Assembly after the adoption of 
this Constitution shall divide the State into thirty-eight senatorial 
districts, and one hundred representative districts, as nearly equal 
as may be in population without dividing any county, except when 
a county may include more than one district. * * Not more than 
two counties shall be joined together to form a representative dis- 
trict: Provided, That in doing so the principle requiring every dis- 
trict to be as nearly equal in population as may be, shall not be 
violated. * * If in making said districts inequality of popula- 
tion should be unavoidable, any advantage resulting therefrom shall 
be given to districts having the largest territory," 

The rules prescribed are plain. Was the present apportionment 
made within these rules, or as nearly so as practicable? If so, the 
Constitution has been complied with, and no other apportionment 
can be had for ten years after these were made. If, on the other 
hand, the Constitution has been disregarded, no apportionment has 
been made, for that which is unconstitutional is of no effect. The 
authority, it is true, was given to be exercised at the time men- 
tioned, but not prohibited from being exercised thereafter. If for 
any reason it was not then exercised, or if exercised, so done in 
violation of the organic law, the General Assembly, now has the 
right, and it is its duty to exercise it in a proper way. 



GOVIJUXOR WILLIAM O. URADLIJY. 29" 

To make a new appoi'tionnient applicable to persons now holding 
office would produce confusion and injury, and therefore any new 
apportionment bill should not take effect until after the expiration 
of the terms of those now in office. Doubtless, if this be not done 
the courts will be called upon to pass on the question, and far more 
trouble and confusion result than if the matter be now properly 
a<ljusted. It ma^' be said, that if the apportionment is void, the 
present General Assembly is not a legal body. This argument can 
not be sustained because it would produce anarchy. Every govern- 
ment has the inherent right to maintain its existence, otherwise 
there could be no government. The General Assembly, upon whom 
was devolved this important trust, has ceased to exist and can not 
be called into life. The ])resent General Assembly, therefore, if an 
unconstitutional apjiortionment has been made, should correct the 
evil in the interest of good government. 

First, as to the Appellate Districts. It will be seen that, 
according to the census of 1890. under which they w'ere created, 
their population and area is as follows: 

Area. 

District. Population. Sq. Miles. 

1st 293,087 G,.'?27 

2d 277,026 6.800 

3d 290,911 7,987 

4th 180,244 375 

5th 307,835 6,033 

6th 261,263 4,353 

7th 227,330 7,683 

The mere statement of population and area plainly show that 
in apportioning these districts, the constitutional regulation ''that 
due regard should be had to territory, business and population" was 
not obeyed. 

Clearly, it was the intention, as to the Circuit Court Districts, 
to make them as nearly 60,000 in population as was practicable. 
An inspection of the following table will show whetlier that inten- 
tion was respected : 

Area. 
District. , Population. Sq. Miles. 

2d 32,.338 580 

28th 73.061 2,540 

21st 35,973 1,200 



50 PUBLIC DOCUMENTS OF 

Area. 
District. ]*()])ulation. Sq. Miles. 

20th 70,402 1,747 

25t]i 5.5,728 051 

M 70,223 1,842 

26tb 29,754 1,518 

29tli (>2,570 2,101 

lltli 50,086 1,181 

10th 72,050 1,767 

18tli 48,708 1,025 

Gth 75,167 1,467 

15th 56,470 1,187 

1st 66,208 1,420 

13th 55,082 983 

7th 69,359 1,718 

12th 58,049 1,402 

19th 75,934 1,567 

22d 35,698 252 

14th 67,169 963 

23d 42,122 1,418 

8th 65,801 1,665 

24th 49,308 2,090 

4th 58,284 1,516 

30th (4 Judges) 188,598 375 

9th 60,845 2,002 

But improper as this apportionment is shown to be, there is 
another fact connected with circuit apportionment infinitely more 
so. 

Section 138, Constitution declares, "each county having a. city 
of 20,000 inhabitants, and a population, including said city, of forty 
thousand or more, may constitute a district," etc. The manifest 
meaning of the section is, that the county must have a population 
of at least 40,000, or it can not be made a district; and not even 
then, unless the county contains a city of 20,000 population. 

The United States census of 1890 shows that Fayette county 
had a population of 35,698; yet in the face of this, the district w^as 
establislied. In order to carry out the intent of the organic law, 
when the Legislature regulated salaries in districts contemplated by 
Section 138, supra, they placed the limit of the compensation of 
sheriffs and Circuit Court clerks at not exceeding |3,000 annually, 
-after payment of deputies, assistants and expenses of ofifice. Subse- 



GOVERXUh' WILLIAM 0. BRADLEY. 31 

quent to the enactment of this statute a rule was issued by the 
Commonwealth against the sheriff and count}' clerk of Fayette 
county to show cause why they should not name their deputies so 
that the judge might lix their salaries pursuant to the statutes 
(Section ITTf).) They responded by stating, that Fayette county had 
never had as much as 40,000 population. This averment was not 
and could not have been truthfully denied. 

The Circuit and Appellate Court each held that the salaries 
coud not be fixed, and by implication held that as there was no 
denial that the population of Fayette county was less than 40,000. 
the statute could not be enforced. (Commonwealth vs. Chinn, 17 
Ky. Law Kep., 447.) So that, for the purpose of allowing a Circuit 
Judge and Commonwealth's Attorney to Fayette, the General 
Assembly assumed that the county contained a population of 
40,000, although it contained a population of only 35,698; but when 
the necessity for fixing the allowance of its Sheriff and County 
Court Clerk so that all the proceeds of their offices, over and above 
the limit fixed by statute, might go into the coffers of the State, 
to assist in paying for its support and thus relieve the tax-payers, 
the court very properly refused to enforce the law because it was 
a district of less than 40,000 population. To inflict the salaries 
of a Judge and Commonwealth's Attorney upon the people, it 
contains a population of 40,000; but to prevent paying into the 
Treasury the salaries of the Clerk and Sheriff above |3,000, for the 
benefit of the people, it is less than 40,000 — the tax-payers being the 
sufferers in each instance. 

Fayette county not having a population of 40,000, including the 
city of Lexington, at 20.000, at the time of the apportionment of 
which it was an inseparable part, the entire apportionment of the 
State by reason of that fact alone is unconstitutional. The Fay- 
ette Circuit Court ma,y not be assailed judicially, but a new appor- 
tionment based on the flagrant violation of the Constitution would 
be undoubtedly both valid and proper. 

The apportionment of senatorial and representative districts will 
be found even more objectionable than those of Appellate and Cir- 
cuit Court Districts, as shown by the following table: 

Area. 
District. Population. Sq. ^Tiles. 

8th 43,007 660 

6th 57,623 1 ,258 

10th 37.674 1,052 



32 PLBLIV DOL'LMEMS OF 

AlOil. 

District. Population. Sq. Miles. 

Tth 54,851 l.ooG 

23d ;U,533 712 

2Sth 46,087 1,007 

27tli 35,(]{)8 252 

4tli 48,501 005 

20tli 46,011 650 

lOth 52,350 1,127 

21st 37,324 762 

18tli 51,806 1,170 

14tb 30,608 085 

0th 51,444 455 

22d 30,174 681 

IGth 54,208 1,785 

34tti 42,300 1,404 

32d 52,860 1,275 

2d 56,076 080 

33d 85,167 4,254 

38th 78,856 part Jeff. Co. 

17th 00,244 3,185 

Unjust as this apportionment is, the representative apportion- 
ment is infinitely more so. Notwithstanding, the provision that no 
more than two counties shall be joined together to form a represent- 
ative district, having in view the principle requiring every district 
to be as nearly equal in population as may be, the four counties of 
Bell, Harlan, Leslie and Perry, with an area of 1,628 square miles 
and a population of 26,804, constitute one district, while the county 
of Larue, with a population of 0,433 and an area of 260 square miles, 
constitutes another. 

The three counties of Clay, Jackson, and Owsley, with a popula- 
tion of 26,683, and an {irea of 1,065 square miles, are given one 
representative, while the county of Hancock, with a ])0])ulation of 
0,214, and an area of 200 square miles, is accorded the same privi- 
lege. The counties of Boyd and Lawrence, with a population of 31,- 
735, and an area of 655 sqimre miles, are given one representative, 
while the county of Jessamine, with a population of 11,248, and an 
area of 162 square miles, is accorded the same representation. The 
counties of Whitley and Knox, with a population of 31,352, and an 
area of 030 square miles, are allowed one representative, while the 



(;o]t:i!\'n: wii.i.iam o. ninni.i:)'. 33 

county of Wiiodfoid. with a i»(»pulaiiou of i:>,:>80, and an area of 
247 square miles, is <;ivou the same privilege. 

The couuties of Laurel and Kockcastle, with a ]»oi»uhition of 
2J.588. and an area of I'M) square miles, have one representative, 
while the county of Anderson, with 10,610 population, and an area 
of 200 square miles, is accorded tlie same representation. The 
counties of Breathitt, I.ee and ^MagoflHn, with a population of 24,- 
lOG. and an area of 078 square miles, lia^e one representative, 
while the county of Bracken, with a population of 12.:iG9, and an 
area of 200 square miles has the same representation. 

The county of Christian, with a population of 84.118 and an area 
of 708 sijuaie miles, has one representative, while the counties of 
Daviess, with a population of 38,120 and covering 410 square 
miles, and AVarren, with a i)opulation of 80.158 and covering TvM) 
square miles, have two representatives each. The county of Pu- 
laski, with a population of 25,781 and an area of 870 square miles, 
is allowed one member, while the county of Meade, with a po])ula- 
tion of 9,484 and 332 square miles, has the same representation. 

The population allowed under the Constitution for each mem- 
ber would be approximately about 18,500. Of course this can not 
be exactly regulated, but should be as nearly so as possible. Han- 
eock, Meade and Larue, with an aggregate population of 28.181 
and an area of 792 square miles, have three representatives, while 
Bell, Leslie, Harlan, and Perry, with a population of 26,804 and an 
area of 1,028 square miles, have in tlie aggregate only one. Han- 
cock, Meade and Larue, having 28.181 population and an area of 
792 square miles, have three members while Whitley and Knox, 
with a population of 81.352 and an area of 980 square miles, have 
only one. Meade, Hancock, Boyle, Larue and Jessamine, with a 
population of 52.307 have five representatives, while Pulaski and 
Christian, with a po])ulation of 59.919. have only two. 

Many other instances might be referred to. but these will suffice 
to show how palpably tlie oiganic law has been disregarded. *By 
embracing four counties in one district, with an area of 1.028 
square miles, the Constitution is again violated, in that, it rerjuires 
"if * * * inequality of population slionld be unavoidable, any 
advantage resulting therefrom shall be given to districts having 
the largest territoi y.-" 

The mountain couniics of tlie State, with their vast wealth of 
mineral and timber, have been robbed of their share of intliu»nce, 
yet they have merely begun a development which, if unfettered 



34 rUiU.K DOC('][]:XTt< OF 

and eiicourajivd. will do iiioiv to build a]» tlu' wealth of tlic State 
than the improvement of any other section. 

I call the attention of youv honorable body to this plain and 
inexcusable violation of the Constitution, this inequality and in- 
justice in representation, with the hope that you will take such 
steps as the gravity of the question demands. I speak in no par- 
tisan spirit, but only in behalf of constitutional freedom and equal- 
ity, asking- that no advantage be given any section or party, but 
that a fair and just apportionment be made to take effect upon the 
•expiration of the terms of the present incumbents. There could be 
lu) more fitting and proper time to do this than the present, while 
■each party has a majority in one branch of the General Assembly, 
and may thus act each as a check on the other. If not adjusted 
now, the time may come wlum both Houses may be under the control 
■of a different party to that which made the present apportionment, 
and when party si)irit may cause a partisan apportionment to be 
attempted and possibly effected, though I juomise now if I am then 
the Chief Executive of this State it shall not be done with my con- 
■sent or approval. 

And now, in conclusion, allow me to indulge the ho()e, as T enter- 
tain the belief, that Ave may work together harmoniously for the 
general welfare of the State, that at the ex]>iration of this session 
much good shall have been aciomplished for the Commonwealth, 
and that each and all of you, after your ]>leasant sojourn at the 
Captital, may be si»ared to return to your rt^spective homes, and 
that prosperity and happiness may attend you through life. 

I am with great respect, 

WILLIAM O. IJRADLEY. 

Governor of Koihicl-i/. 



U0\ lih'Xon- WILIJAM (J. BRADLEY. 35 



MESSAGE ON THREE COURT SYSTEM. 



Commonwealth of Kentlxkv, "] 

Executive Department, )• 

Fiiinkfort, Ky.. .Tannaiy 22. 181)0. J 

(ivntJcwcn of the Senate and House of Represenfatires: 

Allow me to call your attention to the fact that what is known as 
the "Third Court System," in Kentucky, is in many instances prov- 
ing- a costly experiment. 

It may be. and doubtless is, true, that in cities or certain coun- 
ties, more than two terms of the Circuit Court annually are neces- 
sary, but in many of the Circuit Districts two terms each year are 
ample for the transaction of business. The present system, which 
can not be changed save by an amendment to the Constitution, in- 
creases grtmd and petit jury fees, and witness fees as well as large- 
ly augments annually the number of appeals ])rosecuted to the 
Court of .VpjK'als. 

I respectfully suggest that an amendment to the Constitution be 
proposed to the i>eople. repealing section 131 of the Constitution, 
and leaving the regulation of terms of Circuit Courts in the discre- 
tion of the (Jeneral Assembly. 

Very respectfully. 

WILLIAM O. BRADLEY, 



36 PUBLIC DOCUMESTii OF 



MESSAGE ON MOB VIOLENCE. 

Commonwealth of Kentucky, "j 

Executive Department, [ 

January 27, 189G. J 

€cntlc))icn of the Senate and House of Representatives: 

I know that you. in common with all good citizens, deplore mob 
violence. I respectfully suggest that the enactment of a law mak- 
ing the county where such a crime is committed liable in the sum 
of twenty-five hundred dollars to the administrator, widow or heirs 
of the victim, upon prescribed legal proceeding, would prove effec- 
tual. Such a law has been found of great benefit in some States^ 
of the Union. 

Very respectfully, 

WILLIAM O. BRADLEY, 



VETO BILL FOR BENEFIT OF CERTAIN SHERIFFS. 

Commonwealth of Kentucky, 
Executive Department, 
- • Frankfort. February 28, 1896. j 

Gentlemen of the House of Representatives: 

I herewith return without approval House I>ill 115. Said bill is 
as follows: 

"An act making eligible to the oflfice of sheiiff persons filling that 
office on or l)efore January 1st, one thousand eight hundred and 
ninety six, and who failed to execute bond and take the oath of office 
on or before the first Monday in that month, p.nd' extending the time 
for such persons to execute bond and take the oath of office to March 
the fifteenth, one thousand eight hundred and ninety-six. Whereas, 
some persons^ who were duly elected by the people as shei iff of their 
counties and were holding the office on January the sixth, one thou- 
sand eight hundred and ninety-six, and failed from a misai)prehen- 
sion of the hiw, fronj oversight or other cause, to renew their bond 



OOVERXOR WIIJJA.U 0. BRADLEY. 37 

iuid take (lip oatli of office on or before thai day, puisuaiit to the pro- 
Tisions of the hiw. 

Be it enacted by the General Assembly of the Coninioiiwcalth of 
Iventucky : 

Section 1. Tliat all })Grsons holding the office of sheriff durinn- the 
vear one thousand eiyht hundred and ninety-live, who failed to re- 
new their bond and t ikc the oatli of office on or before the fii'st Mon- 
day in January, one thousand eight hundred and ninety-six, sliall be 
<digible to hold said office, and shall not he disqualified therefor by 
their said failure; and such persons are herein authoiized to exe- 
cute the bond required of sheriffs and take the oath of office on or 
lu'foi'p ]March the fifteenth, one thousand eight hundicd and nincty- 
f^ix; a;id from the time of the execution of such bond and taking the 
oath of office, such persons shall be the sheriffs of tlnnr resiiective 
counties, and their acts as such shall be as valid and binding as if 
they executed bond and took the oath of office on oi' befoi-e the first 
Monday in January, one thousand eight hundred and ninety-six. 
Whereas, some persons holding the office of sheriff in their respect- 
ive counties in the year one thousand eight hundred and ninety-five 
failed to execute bond and take the oath of office on or before the 
first Monday in January, one thousand eight hundred and ninety- 
six, bat did so soon after, and some confusion would result from 
their disqualification, an emergency is hereby declared to exist, and 
this act shall take effect when approved by the Governor."' 

Section 4130. Kentucky Statutes, requires that the sheriff on or 
before the first Monday in January succeeding his election, and on 
or before the said day ;innually thereafter, shall enter into bojid. 
with surety for the faithful performance of his duties. 

Section 4131 provides: ''That if such bond is not executed within 
the time prescribed, the sheriff shall forfeit , his office and the 
county court may appoint a sheriff to fill the vacancy until a sheriff 
is elected, or may a])point a collector for the county of all moneys 
due the State and county or taxing districts authorized to be col- 
lected by the sheriff, or it may appoint a separate collector of the 
moneys due the State, county, or any taxing district thereof during 
the vacancy in the office of shei-iff", and in the event of the county 
court failing for thirty days to appoint a collector of money due the 
State, the Auditor of Public Accounts may aj)i»oint a collector." 

And so anxious was the General Assembly to emphasize the fail- 
ure of the sheriff to execute bond in the time and manner required by 
section 4132 of the statute it was provided that no sheriff, Avho had 



38 PI III AC DOCr.UEXTS OF 

forfeited his office by reason of such failure, should be appointed 
collector, deputy collector, elisor, or deputy elisor; or, if such ap- 
pointment should be made he should receive no compensation. 

The wisdom and propriety of these statutes are manifest. 
Nothing; is more important to the State than the prompt collection 
and payment into the Treasury of its revenue. Every officer must 
be ]>resunied to know the law, and especially should this rule be 
applied anIh^u statutes have been enacted for so long- a time as 
these. 

It is imniat<'rial wht'thcr or not the contention that the renewal 
bond is not embraced in section 41X2 is correct, because if it is not 
no legislation is needed, and if it is, none <'an be properly had. 

By section 50 of the Constitution the General Assembly is pro- 
hibited from passing any spi^cial acts concerning the subjects men- 
tioned in its various subdivisions. 

Among the subjects so named aie the following: 

Subsection 13. — "To legalize, except as against the Common- 
wealth, the unauthorized or invalid act of any officer or public 
agent of the Commonwealth, or of any city, county or municipality 
thereof." 

Subsection 15. — "To authorize or to regulate the levy, the assess- 
ment or collection of taxes; or to give any indulgence or discharge 
to any assessor or collector of taxes, or his sureties." 

The plain purpose of the bill is to validate the action of such sher- 
iffs as have given bond since January 1st, and also those who may 
give bond at any time after its passage on oi' before INIarch 15tli 
next, not only as against the CommouAvealth. V)ut all persons; as 
well as (o invalidate the acts of such sheriffs as have been appointed 
and nullify the action of courts of record in making appointments. 

The sheriff is a collector of revenue. By failure to execute bond, 
he is by law deprived of this right. It is clearly an indulgence to 
pass such a law as will alloAV him to remedy his negligence. Again, 
where such officers have been removed and others appointed and 
qualified, the effect of the act would be to vacate the tenui'e of those 
who are without fault, in ordei' to reward those wlio have failed to 
perform a manifest statutory duly, besides throwing into confusion, 
uncertainty and litigation all the acts of such as may have been ap- 
pointed. Such legislation would be in contravention of the funda- 
mental law. That this act is special can not be doubted. It is not 
in the interest of all the sheriffs, for it specifically states that "some 
persons have failed," etc. The only purpose is to relieve "some 



GO\i:/r\()l,' WILLIAM O. HRAItLh'Y. 31> 

jx'i-suiis," and it docs iioi apjuar thai ilu'sc jn'isoiis are cvcu nuiner- 
(His. Ill }K)iiit of fact but \rv\ U-w have failed in this respect. Not 
only so. the aet applies only 1o the pie.s(nit year, and does not make 
Mairh loth the time when all such Ixtnds are io be executed in the 
future. 

This character of lejiislalion is a premium on ne<j;li<>ence. and will 
lead to a repetition of the evil sought t(» be remedied. 

Kesjiectfully, 

W ILIJAM O. MUADLEV. 



VETO BILL GIVING ATTORNEY-GENERAL A STENOGRAPHER. 

COMMOXWEALTII OF KENTUCKY, "j 
EXECUTIV E DeI'AUTMEXT, 

Frankfort. March 17. 180G 



1 



Gcnllcineti of the House of l\i'iyirsTiitafirr><: 

Herewith I return House Jtill No. :U8 withoui my si.unature. 

TJie Commonwealth is laiji^cly indebted and ii]> to this time no 
means of litiuidation have been jirovided. 

TIkm-c are too many ottices in Kinnicky already and I can not ap- 
jirovc of the creation of anolhcr. 

WliJJA.M (). r.RADLEY. 

(Juicnior (if Ken fuck}/. 



40 punijc docvmj:x7's of 



VETO OF BILL DEFINING DUTIES OF CERTAIN COUNTY CLERKS. 

Commonwealth of Kentucky, "] 
Executive Detartment, j- 

Fraukfort. March 21, 1896. J 

I decline to api)rove Senate Bill No. SI, entitled. '/An act con- 
cerning the duties of eonntv clerks in all counties containing a pop- 
ulation of seventy-five thousand or over," for the following reasons: 

The bill, by implication, sliows tiiat there are counties which 
do not contain seventy five thousand or nuuv population, and this 
fact is known from records and statistics in the departments of gov- 
ernment as well. 

It affects only a portion of the territory of the State, and es- 
tablishes a different rule in such territory to that jjrevailing in other 
portions of the State. Section 59 of the Constitution ])rohibits 
the passage of local or sjtecial acts concerning tlu^ subjects named 
or any of the ])ur]»oses named, aiul in all other cases where a general 
law can be made a])])licable.'" 

Tl'.e act is local and special, and there is no reason why the ob- 
ject attem}»teii to be reached might nut have been attained by a gen- 
eral law applicable to all Ihe counties in the State. 

WILLIA:\1 O. BRADLEY. 

(torcnutr of Kenhicl'i/. 



GOVERNOR Wn.LIAM 0. BRADLEY. 41 



DEFENSE BEFORE SENATE COMMITTEE CALLING OUT STATE GUARD 

MARCH 16, 1896. 



'Gentlemen of the CommiUee: 

At the outset, I desire to i-eeoid my protest ajiainst vour at- 
tempted exercise of jiirisdietiou not possessed. 

Tlie tliree great divisions of government act independently of 
eadi otlier. except in sucli ca^es as tlie Constitution expressly pro- 
vides to the contrary. 

1 have acted as (loveriior of the Common \v(\-dth charged with the 
execution of the laws and the keeping of the ])ublic peace. If, in 
attempting to do this. T have overstepped the line which separates 
my department from yours; or, if I have act^ed corrui)tly or without 
Tight, then as Governor I am liable to articles of impeachment by the 
House and trial by yon. The Constitution i)lainly defines the rem- 
edy and punishment of the executive or judicial officers of the Com- 
monwealth, who acting or claiming to act, in their official capacity, 
transcend their authority. The ?5enate constitutes only one-half of 
the legislative pow-er, and is unabl" to act A\il^hout the co-operation 
of the House. 

The statute under which this pi'oceeding is being had is as fol- 
lows : Sect ion 1981 , Kentucky Statutes : 

''Th(^ members of the (leneral Assembly sliall in no wise 
be distnrb<'d or ond»arr;!ssed in the great and im])ortant busi- 
ness of legislation. They shall not, directly or indirectly, by 
any ways or means, be arrested, menaced or otherwise dis- 
turbed during the existence of their constitutional ])iivileges. 
(^xcept on legal ]»rocess for treason, f»'lony, breach of the 
I)eace or misdemeanor.'" 
A member of (Mther branch of the General Assendily guilty of 
"a bi-eaeh of jtriviiege may be expelled, censured, or tined by 
the concurrence of two-thirds of the nienibcis present." 
Section 11)S2. "Either House of the Geneial Assembly shall 
"have jfower to punish any one by a fine not exceeding five 
hundied doUiir--, oi- l>y imprisonment not exceeding six months, 
either or both, foi- a contempt or bicach of ])i'ivilege. ' Con- 
tempts or breach of privileges SHAJ.L BE IXgilKED INTO 



42 IT /{Lie DOCi'MEXTS OF 

FIKST PA' A SPP:(;IA1> (M)MMITTEf: ArrOIXTEl) P'OK 
THAT 1TKP()SE. BEFORE WHirH THE ACCUSED 
SHALL HAAE THE KKiHT TO P.E HEARD RYHI^ISELF 
AND COrXSEL. AND HAA'E COMITLSOKV PROCESS 
TO COMPEL THE ATTEXDAX(^E OF WITNESSES." 
Tlie two s(M-ti(>ns have no a])])li(atioii to tlu^ acts of tlie (^xtM-utive, 
but to jtersoiial and individual acts of nienibeis and others. Con- 
cedinji, liowcvcr, that th^^ first section (juotcd lias reference to offi- 
cial acts, it is submitted that tln^ facts ajipearinj; in this investiga- 
tion clearly establish my innoct^nce. AA'ith the affidavits of the two 
presiding officers and otheis. and uncontradicted facts appearing to 
me from other sources, showing that an actual assault had been com- 
mitted upon one claiming to be a member of your body by persons- 
who were not clothed with legal authority; that a senatoi-, concern- 
ing whose eligibility and right to perform his duties there were na- 
questions, while attem])ting to enter the joint session was rudely 
jerked aside by a ])retended officer; that constant threats and re- 
peated attempts to intimidate your members were being made; that 
the police and sheriff's ])osse, although besought and advised to 
kee]) the peace, had failed to take necessary steps to do so; that an- 
attempt was about to be made by armed and desperate men to 
.seize the Ca])itol, and with n<nvspapers, irrespecti^'e of party, for 
several days before, insisting that the persons and lives of members 
of the General Assembly were at the mercy of dangerous and irre- 
{:?ponsible men. I say with all these things ai)i)eaiing. I could not have 
acted otlierv.ise witliout being false to duty and false to my oath of 
offic(\ ^ly action did not "disturb or rmbariass the members of the 
rjeneral -\ssembly, in the great and im})ortant business of legisla- 
tion." On ihe contrary, it ]»revented them from being disturbed 
or emliairassed. No membei- has been ai'rested. menaced or dis- 
turbed, liut my action has ])r(n'ented niembeis fiom being "men- 
aced oi' disturbed."" 

Section 1!IS2 has no I'c^ference to section 1!)SL tli'' two sections 
being of entirely dil'feient import. The latter section has refer- 
ence entirely to th(^ conduct of members guilty of contempt or 
Itreach of ]»rivilege. and is intended to inflict punishment upon such 
])ersons. lint even in this state of case, it is expressly ])rovided that 
such action shall be FIRST inquired into by a special committee be- 
for(^ which ilie accused may be heard by liiniself and counsel, and 
aft(M' this trial the committee shall re]joit for Ihe final action of the 
House, thus shoAving that a full and fair trial is a condition ])re- 



aOVE/tXOJ! WILLI A V (). BRADLEY. 45 

cedent to tlic iiiHiction of jtiinislniiciit. I rt'iu^at, that neither of 
these sections lias any hcariiijj;' on the official conduct of an officer 
of ont^ of the co-ordinate branches of government. There has been 
no invasion <)f one depaHment by another, excejit your invasion of 
mine by arraigninii' me without jurisdidioii. ;'uid tlial, too. after you 
have already found me guilty. 

By Sen. Bronston: "May I inteiiii]>t you for a niomen.t?'' 

Gov. Bradley: ''Certainly." 

By Sen. Bronston: ''Do you think that if the Senate were in 
session and you weie to enter it and make a breach of the peace, we 
would have no right to punish it by line and imprisonment?" 

(tOV. Bradley: ''I would certainly have no right as an individual 
to do such a thing, but if in discharge of my duty as Governor, to 
keep the peace, I enter this chamber or others enter it under my 
order, even if in the wrong, the ]>unishment must be inflicted upon 
me as an ofl'cer of the (Jovernment who has transcended his power, 
and not as an individual who has transgressed the statute. 

But even if the Senate had the right to punish me under the 
statute cited, it had no right to adopt a resolution in advance, pass- 
ing upon the question of guilt, and then after a partisan committee 
had been appointed, it had no legal authority to hear the evidence 
of three witnesses affecting my action in my absence^ and before I 
was summoned. You know that you did this and did it deliberately. 
There is no court in any civilized country, however exalted, that can 
couA'ict the humblest citizen without a hearing. And yet the Sen- 
ate of Kentucky did this, and after having done so, with rare gener- 
osity, the committee cited me to a hearing.'' 

By Sen. Bronston: We were not investigating your case alone." 

Gov. Bradley: ''But you were investigating my case at the 
same rime, and as to the others beside myself, they are described in 
your resolution as unknown persons. So you were investigating in 
the absence of all the ])ersons charged. The three- witnesses you 
had before you and heard, testified in regard to the mayor and his 
]iolice, the sherill and his ]iosse, two of the most material matters 
involved from your standpoint. ?sot only so, you notified me to ap- 
pear before you at five o'clock, p. ni., and that notice was not served 
until. thirty-five minutes after four." 

•'I have come, not because I recognize your authority, but as an 
official who courts investigation, having no fear of the result. The 
resolution, under which you now act, reads as follows: 'Whereas, 
it is provided in chapter 21), article 1, section IDSl of the Kentucky 



44 PUr.LlC DOCUMENTS OF 

Statutes, that the members of the General Assembly shall be in no 
way disturbed or embarrassed in the great and important business 
of legislation; they shall not. directly or indirectly, by any ways or 
means, be arrested, menaced, or otherwise disturbed during the ex- 
istence of the constitutional privilege ; and, further, by section 1982, 
cither House of the Geneial Assembly shall have power to punish 
any one by a fine of |5U0 and imprisonment not exceeding six 
mouths, or either or both, for a contempt or breach of privilege; and, 
whereas, IT IS A FACT that W. O. Bradley, GOVERNOR of Ken- 
tucky, and olhers whose names are unknown, have assumed by overt 
acts heretofore committed, and now being done by him and under 
his authority, WITHOUT WARRANT OF LAW, NECESSITY OR 
JUSTIFICATION IN POINT OF FACT, by placing in, around and 
about this Capitol building, and this Senate Chamber, during the 
session of this body, an armed military force, under his own personal 
command, ignoring the civil authorities, and ignoring and attempt- 
ing to exercise the powers belonging to, and to menace and intimi- 
date a co-ordinate branch of the Government; against all of which 
this body has protested, and does now solemnly protest and declare 
to be an infringement of a law, a disturbance and menace to this 
body, and to the individual members thereof, and in the progress of 
the great and important business of legislation,' etc. 

''The resolution recites that it is 'a fact' that Governor Bradley 
has done all these terrible things, ''without warrant of law, neces- 
sity or justification." You do not say that, whereas, armed bodies of 
men have invaded the capitol grounds and buildings, claiming to act 
under authority of the Governor of Kentucky, and that therefore, 
a committee be appointed to investigate, and make report, and call 
upon the Governor for his reason and authority to do these things, 
but without giving me the slightest, opportunity for hearing, you 
condemn me in advance, and after you have done this, you cite me 
to come before this committee. 

"Following the preamble, the Stmate resolution proceeds: There- 
fore, be it resolved by the Senate of Kentucky that William Goebel, 
A. J. Gross, C. J. Bronston, C. C. McChord, Fenton Sims and G. S. 
Fulton" (all of whom are Democrats) "as State Senators, be, and 
they are hereby apjtointed a special committee to forthwith and 
without delay inquire into such cont('m]»t and breach of privileges." 

Pray, why inquir*^', when the resolution I'ecites it to be a fact that 
these actions were without warrant of law, necessity or justifica- 
tion? What is there to be inquired about? Not content with this, 



(iovj:j,'\(>n wiiJJAM o. uradley. 45 

a motion wa.s made to iccoiisidci- ilic \ote bv which the resolution 
was passed, and that motion was hiid upon the table, thus putting 
the passage of the resolution Ix^vond recall." 

Mr. (Jromwell, the Senat(^ clei-k, here being called ui)on by Sena- 
tor Bronston, stated, that the recoid did not show that a motion to 
reconsider was (Altered. 

Governor Bradley continued: "1 don't know what your record 
sho>>s, neither do I care, I only know that such ])roceeding was iu 
fact had, if human testimony can be relied on. When I asked the 
privilege this afternoon of going before the Senate and being heard, 
you denied me that ])rivilege, stating as a reason that a motion to re- 
consider the resolution had been laid u])on the table and it could not 
be again considered." 

By Senator Goebel: ''That is a (juestion for the Senate itself to 
decide as to whether you should be heard. This committee can not 
speak for it in that regard." 

Governor Bradley not noticing the r'^mark : "In other words, 
gentlemen, the Senate has been guilty of everything that it has 
charged me with being guilty of. It has invaded another depart- 
juent of the Government without warrant of law, necessity or justi- 
fication." 

"Xotwithstanding all this, I have come before ,you and submitted 
the proof which warrants my action. If indeed I am guilty of an 
infringement of law, I will submit to trial by the proper tribunal 
but not to judgment in a star chamber i)roceeding the opinion of 
whose members has been expressed in advance of a trial, a body 
possessed of none of the functions of a court and without shadow 
of jurisdicticm. 

''This right I claim not as Governor of the great rommon wealth of 
Kentucky. To the Avinds with such a ]uivilege. I am a citizen and 
a freeman, and no power save that jiointed out l)y the Gonstitution 
and laws can deprive me of my rights. I am not speaking for a]v 
l)]ause and beg the audience to desist. 1 am solemnly speaking as a 
citizen whose rights have been outraged. I renu^nstrate against this 
monstrous assum]ttion of power, and demand a hearing before the 
Senate. Paidon me. for in 1h<' heat of debate, I forgot that I had 
already been con^'icted. 

"I have acted in the matter witli the jtnrest motives. The election 
of a United States Senator- by my ]iarty, liolli you and I kncAv to 
be impossible when the State Guard was called out. To those who 
consulted witli me before this action Avas taken, I said it is unneces- 
sarv to talk or think of the election of a Senator. The only tiling I 



46 pu/hjc DOC'UMiJXTi^ or 

want to know is, has anv nieuibei' of eitluM- J louse been threatened 
or intimidated, is any one of them in danjj^ei- of h>ss of limb or great 
bodily harm, have the local authorities been unable or unwillino; to 
afford proteetion. These were the only matters that I investigated, 
and after tliis was done, although satisfied that blood would stain the 
floors of the Capitol, I hesitated, until assured by Col. Gaither that 
an attempt would be made by armed men to seize the Capitol. To 
have failed to act then would have been worse than criminal, and 
even you gentlemen who assume to try nie after I have been con- 
victed, would have held me in just scorn and contempt. The i)eo- 
ple of the vState would have denounced me as a coward. I'hysical 
courage counts but little in the scale of moral woith for it is pos- 
sessed by the lower animals and crawling i-eptiles; but that moial 
courage wlii<-h is exercised in the nauu' of ])rinciple and hunumity. 
that moral courage which iuspirt s the performance of conscientious 
duty, shall never be found wauling in me when the lives, liberty 
xind property of the citizens of this State are in danger. 

''I am here without any authority upon your ])art to force attend- 
ance. If the Senate of Kentucky Ihinks. in its wisdom and power, 
that it has the power to act, let it so decide. I am not attempting 
to menace or intimidate that body, neither will I be intimidated by 
it.*' 

Senator Cross: ''You may kill us, Governor, but you can not 
alarm us, for we are Kentuckians.'' 

Governor Bradlej- : ''We are all Kentuckians. The same blood 
Hows in my veins that courses through yours, and when you say you 
do not fear, you but voice the sentiments of all Kentuckians, for no 
Kentuckian is a coward. 

"I am not here to apologize for my official action. Do what your 
oaths and consciences tell you to do. If you think you can niak«' 
me your victim, attempt the sacrifice, for even should you succeed. 
I might well be congratulated for having been sacrificed in such a 
noble cause — the cause of peace, law, justice and the public good. 

"I repeat I am not here to apologize. I acted upon the testimony 
adduced, find while the testimony or. your side is in some resj^ects 
diil'erent, yet I am fully sustained. 

''As God is my judge, I declare tliat if you. sir, had be^en president 
of the Senate (i)ointing to Mr. Goebel). and you. sir, had been speaker 
of the House (indicating ^Ir. l>ronston), and had filed the same affi- 
davits befoi'e me, I would have acled in the same way, without hesi- 
tating foi- a moment to (juestion your politicti." 



ao\/:i{M)h' \\'ffj.f.[.]f o. Hh'ADLf:)-. 47 

J»v Mr. J'.ioiislon: *'J»o you lliiiik that would have been a fair, 
trial?"' 

<iOvernor I>ra(lley: "My action did not pnrjKjrt to bo a trial. 
^Vhen infornu^l by attidavits of credible persons that bloodshed and 
dcnith are imirending, ^^hat would you think of a peace officer who 
would i-e(|uii-e a trial before issuing a wariant to protect human 
life?" 

Mi-. r>i()nston: •'That coinunmicalion of the Lieutenant-dovernor 
was sent on tlie 1 1th. Could you not have called the attention of the 
Senate to the fact, and have asked that the Senate take notice of the 
tuatters conijdained of, and have jii\'en us the opportunity to do 
something l)efoi-e condenininu us?" 

Governor Biadley: "I did not coiidcnin llie Senate. It was not 
■charged that the Senate was about to coinniit a crime. The State 
(lUard was called out to prevent lawless men from committing crime. 
T did not take personal but olticial direction as the Chief Peace Offi- 
cer of the C<miinonwealtli. If I had the right to call them out and 
]»lace them under the conticd of others, I had the right to control 
ihem myself, esju'cially when assured that the local authorities 
Avould not perform their duty. The affidavits of the presiding offi- 
cers as I remember were not made until the 14th. oiily tiie day before 
the troo])S were called out." 

l|v Senator Bronston: "Yen did condemn the Senate by sending 
tlh' troo])s here." 

(io\(M*nor Kradh'y: ''if any Senator anticipated joining his ef- 
forts Avith those of outsidi^vs in an attempt to break the peace — 
wliich I do not say was the case — then that Senator may have been 
imidiedly condemned, if prevention is synonymous with condemna- 
tion. But my action was not intended to condemn the body, and can 
not be so construed. 

"The statute says that the Senate shall in no wise be disturbed or 
memiced while engaged in the great and ini]»ortant business of legis- 
lation, and I was attemjiting in gcKid faith to i)revcnt any such nn^n- 
acing or disturbance. 

"I did not act hastily in this matter. It was not my wish to see 
the name of the Commonwealth stained by a necessity which de- 
manded such action. I begged the local authorities to preserve the 
]»eace. and advised them fully what their duties were. I talked 
freely Mith the presiding officers of eacli House and took their affi- 
davits, and was assured by them that no effort was being made 
by tlie local authorities to preserve the peaces and even after all this, 



48 I'LliLlC DOVUMEXTS OF 

did )iot act uiilil infuimed that it was tiie iniipusc of this lawless- 
eleineiit to take forcible possession of the Capitol. Put the shoe 
on the other foot. Suppose the political status had been reversed, 
and two Democratic jiresiding officers had come before me with the 
same complaints, and I had been notified that a number of Republi- 
cans were going to take possession of the Capitol, and that acting 
under these circumstances, I had called out the State Guard, I am 
frank to say, that this committee instead of condemning would have 
heartily endorsed my action. A change in the position of affairs 
does not change the propriety' of my action, however much it may 
cause ill will on the part of those who feel themselves aggrieved. 

'"I acted on the best lights before me, conscientiously for the pur- 
pose of preventing open-handed violence and bloodshed which would 
have disgraced the Commonwealth. 

"And now, gentlemen, 1 submit the matter to you. Do what you 
may think is right, but remember always that you act at your peril." 

By Senator Bronston: ''You chaige the Senate of being guilty of 
contempt to you?'" 

Governor Bradley: ''No, sir; I could not say that the Senate could 
be capable of contempt to any one. I stated that the Senate had 
charged me with invading the legislative department because I un- 
dertook to protect it, but that while 1 was innocent of the charge, 
the Senate itself was guilty of invading my department." 

By Senator Bronston: "And that jou were guilty of the same 
thing that we w^ere charging you with.'' 

(iovernor Bradley: "I said no such thing, and you know it." 

By Senator Bronston: "Just this question dispassionately." 

Governor Bradley: "Certainly. I know of no man who has lost 
his temper save you." 

By Senator Bronston: "The question is this; do you deny the 
right of the Senate as a bod.v to protect itself at all. Yon seem to 
do that." 

Governor Bradley: "Certainly 1 do not. Tlu' (Jovernor may be 
impeached if guilty of official misconduct in interfering with legisla- 
tion, and ptmished as any other citizen for personal misconduct or 
crime." 

By Senator Bronston : "You do not deny the right of the Senate 
to imjtose a fine on you just as on any other person, do you?" 

By the Governor: "If the statnte is to be construed as applying 
to persons not connected with the Spnate as officers and members in- 



aOYJJRXOK MILLIAM 0. BRADLEY. 



49 



(lividually, certainly not. But you havo no right to tine auv one 
without giving him a trial." 

By Senator iJronston: "^^'e gave you an oppoitunity." 
(Jovernor Bradley: ''Yes, you very liberally sunnnoned me be- 
ior*^ you after I had been convicted." 

Senator Brouston: "That conviction was in the nature of a pro- 
rest against the use of the military force." 

<Jovernor Bradley: "Ko, sir, that is not a fact. But if it is, why 
should I be summoned to answer? I presume the object is to allow 
me to show cause why I should not have been, instead of showing 
cause why I should not be, convicted." 

Senator Bronston : "Have you not by your military force taken 
possession of these Capitol grounds?" 

(Governor Bradley: "Yes, but that is not what the resolution 
charges me with being guilty of. You charge it to be a fact that 
I did this without warrant of law, necessity or justification." 

By Senator Bronston: "Have we not the right to declare that 
this is in violation of the law?" 

Governor Bradley: "Certainly, you have the physical right to de- 
clare anything, but you hjJve no power to convict without a hearing. 
You had a right to appoint a committee to investigate the matter, 
but no right to condemn, in any event, until after the coming in of the 
report." 

By Senator Bronston: "Was it necessary to investigate when the 
soldiers had been actually present in this chamber?" 

Governor Bradley: "Certainly, you had no right to adjudge me 
guilty of wrong until you inquired into my reasons for taking such 
action — in other words, until you had afforded a hearing." 

By Senator Bronston: "Had you not furnished the public a state- 
ment?" 

Governor Bradley: "Yes, sir; and if you had taken the statement 
into consideration, it afforded an ample explanation and justifica- 
tion. " 

By Senator Bronston: "Was it not in our power to investigate 
that? I will say that we had not half as much in the resolutions as 
I wanted." 

Governor Bradley: "Doubtless that is true. It is difficult to sat- 
isfy you. Yon could haA-e cited in the resolution that soldiers had 
taken possession of the Capitol grounds, and have authorized a com- 
mittee to investigate by whose authority it w\is done, and the rea- 
sons therefor; but instead of that, you decide in the resolution, and 



50 PUBLIC DOCUMENTS OF 

SO state, that I have done these things 'without warrant of law, 
necessity or justitieation,' and then you summon me here to answer. 
And not content with this conviction, you add that I have done 
this in order ' to menace and intimidate a co-ordinate branch of the 
Government in the progress of the great and important business of 
legislation." 

"Now I ask what great and important legislation was pending be- 
fore this body?" 

By Senator Sims: "'The revenue bill was pending to-day." 

Governor Bradley: "Yes. and it will be pending when you ad- 
journ, notwithstanding the House passed it several days ago, and 
you have had ample time to have passed it had you desired. Yon not 
only charge me with being guilty of all the things mentioned, but 
you add that the (Committee is 'forthwith and without delay' — not 
only 'forthwith,' but to give greater emphasis if possible, 'without 
delay,' to inquire into such contempt and breach of privilege. 
Now after all this, 1 inquire, why was I summoned here?'' 

Senator Bronston: "We are going to pass on the question of fine." 

Governor Bradley: "Ah, indeed; you first convict a man of mur- 
der without notice, and then you notify hinj to come and be heard as 
to whether you shall send him to the penitentiary for life or hang 
him. The fixing of a fine is immaterial, it is the conviction of an 
offense Avithout a hearing that I object to." 

y>x Mr. I>ronstou : "Just as if a man had entered this chamber 
armed, and we would recite the fact that he had don(^ it." 

Governor ]')radlcy : "But how will you convict the officer by who.se 
order he entered until yon give him a right to be heard? Gentlemen, 
gentlemen, you know better. You are good lawyers, and know the 
course of the Senate can not be justified." 

By Mr. Sims: "In an indictment you have to state the facts." 

Governor Bradley: "Yes, but a sworn grand jury investigates 
the evidence before doing iliis, and even then tlie indictment only 
charges the offense. The court does not ])ass judgment until a 
hearing is given. 

"In conclusion, allow me to say, that throughout this whole affair 
I have been actual ed alone by just and commendable motives to 
preserve the peace and order of the Gommonw^ealth. It may be that 
during this investigation I have at times lost that dignified self con- 
trol which should he at all times exercised by one holding the place 
of Chief ^Magistrate of a great T'ommonwealth. If this be true, I 
regret and apologize for it, but I will never apologize for the con- 
scientious i)erformauce of a manifest d^iiy." 



OOVIJUyOR WILLIAM 0. BRADLEY. 51 



PROCLAMATION. 

ExE("UTivR Department, 

Whereas, (he last Geneial Assciuhly of the Couiiiionwealth of 
Kentucky failed to ena<'t hiws necessary to the greater safety and 
protection of life and property against mob violence; 

Whereas, said body likewise failed to provide for the payment of 
the floating debt, necessary expenditures of government and ap- 
propriations; the curtailing of expenses, the economical adminis- 
tration of public affairs, and the passage of much other needed leg- 
islation, by reason of all which, exi>enses are not diminished, the 
revenue of the State wasted, its credit impaired, and human life and 
property denied proper protection. 

Therefore, I regard this as an extraordinary occasion, and by 
virtue of the authority conferred upon me, as Governor of said Com- 
monwealth, hereby convene the General Assembly aforesaid at 
Frankfort, the seat of Government, where it will meet on the 13th 
day of March, 1S97, to continue in session for as much as sixty days. 

The subjects to be considered by said body are as follows: 

1. The prevention of mob violence, the punishment of those en- 
gaged in same, and the protection of life, limb and property. 

2. The curtailing of salaries, fees, expenses and costs in each and 
every branch of the public service; insuring of speedy trials and 
verdicts, and preventing the burdening of Appellate and Circuit 
Court dockets. 

•3. Amending the criminal law concerning grand larceny, em- 
bezzlement, and obtaining money under false pretenses, 

4. Allowing the State Inspector and Examiner to employ a sten- 
ographer and providing compensation for same. 

T). Providing for the payment of the floating debt, current ex- 
penses and necessary a])propriations, made and to be made, for the 
State. 

6. Abandoning the penitentiary at Eddyville and providing neces- 
sary workshops, cells, machinery, etc., at Frankfort penitentiary; 
or, if this be deemed not proper, providing the necessary workshops, 
machinery, i'\c., at each of said penitentiaries. 

7. The ado])tion of such legislation as may be necessary to pro- 
vide foi' the building or ]Mii*(liase of a TTonse. or Houses of Reform, 



52 PUBLIC DOCUME\Ti< Of 

amending or clumging llie law in regard thereto, and providing for 
the confinement of persons, mentioned in tlie act creating such 
houses, in an}- place other than the penitentiary. 

8. Thoroughly amending, changing and revising the election 
laws. 

'J. I'roviding that all elections for school trustees shall be held by 
secret ballot. 

10. Apportioning the State into Appellate and Circuit Court, 
Senatorial and Legislative Districts, as provided by the Constitu- 
tion. 

11. To create any necessary additional Circuit Court Districts, 
and change the time of holding any Circuit Court. 

12. Authorizing the revision, alteration, amendment, and codifi- 
cation of the Statute Laws of the State. 

13. Legalizing the discounting of asylum warrants, and provid- 
ing for the necessary improvement of asylums, and sewage for same. 

14. I*reventing convicts from testifying; or regulating the man- 
ner of same, 

15. Relieving litigants, who have actions pending, or, that may 
be pending in the Court of Ap]teals for the period of two years. 

16. Enlarging the powers and duties of the Board of Pharmacy. 

17. Comi)elling State banks, trust companies, private banks, 
V)uilding and loan associations and other like corporations to make 
quarterly reports, and providing for the appointment of an inspector 
and examiner for same, whose salary is to be paid by said institu- 
tions. 

18. A unending statute governing cities of the second class, as to 
methods of assessment for street and sewage purposes, and as to 
]»ublic libraries therein. 

19. lioviding severe punishment of all persons who interrupt 
public meetings or speakers, or deny or abridge the right of free 
speech. 

20. Piorecting trees and plants from the ravages of the San Jose 
scale. 

2L Amending the laws regarding trust companies. 

22. ]\raking the law regarding the operation of mines and stone 
quarries applicable to owners of gas and oil wells. 

2o. Amending the act of August (!, 1S02, as to issual of bonds by 
counties to fund indebtedness and the payment of same. 

24. Empowering Sinking Fund Commissioners to reinvest the 
r*ir*.f) 0(1(1 liclonuing 1o the State Agricultuial and jMeclianical Col- 



GOVERyOU W'UJAAM 0. lll,'M)l.i:y. oi 

lege; or issue bonds for same, and making good an.v loss sustained 
by that institution. 

25. I'l'otecting coal juiuers oonceiuing the sliii)Uient of convict 
coal into this State. 

20. ProA-iding for the submission to voters of the State, taking 
vote thereon and certifying the amendment now proposed, and those 
hereafter proposed, to the State Constitution. 

27. Fixing the boundaries of (nties and tinvns of this State situ- 
ated contiguously to other States. 

28. Amending statute governing cities of the fourth class. 

29. Amending the law relating to 'H)l'tlcial Indexers." 

30. Amending and altering the law concerning public printing 
and stationery. 

31. Amending Eevenue and Taxation Laws, concerning the 
duties of sheriffs to exhaust all remedies to collect taxes before sell- 
ing land, facilitating the collection of delinquent taxes, changing 
the time of making reports to the Auditor for use of Board of VjiIu- 
ation and Assessment, and changing the time of lem^ei-inr: re] ovts 
to said board by corporations. 

32. The passage of laws more clea.-iy defining aud cariying i^i'o 
effect the provisions of sections 205, 244, and 2-40 of th;^ Constitution. 

33. Changing the time of making repprts of insurance com- 
panies. 

34. INTodifying and amending the laws foi- the government of 
towns of the sixth class and other towns. 

35. Amending Section 22. Article 3. Chapter 100, Public Acts, 
1891-2-3. 

36. Amending Section 15, Aiti.-h^ 2. Chapter 48, Public Acts." 
1894; also amending an act entitled "An Act to amend Section 14 
of Chapter 53, General Statutes."' approved January 16. 1882; also 
amending Section 9, Chapter 243, T'ublic Acts of 1891-2-3. 

37. Amending the law concerning the inspection and weighing 
of grain, and regulation of elevators, warehouses and gj-auaries, in 
W'liich grain is stored. 

38. Regulating th(^ jurisdiction of A]ipellate, Circuit. <',>unty. 
and Quarterly Courts. 

39. Amending an act (Mililled ''An Act to amend an act. entitled 
*An Act providing for the creation and regulation of private <or- 
porations.' '' in so far as sAme auiends Section 34 of sanu\ Chapter 
43. Public A.rs of 1891 2-;': also amending Section 11. Article 3, 
Chapter 103. I'ublic Ads. 1S91 2-3. 



54 PUBLIC DOCUMENTS OF 

•40. Establishing and legnlatiug fees collectible by Secretary and 
Assistant Secretary of State, and manner and time of payment into 
Treasury. 

41. The passage of an act allowing cities and towns to buy prop- 
erty for taxes, and hold same subject to redemption as to real estate. 

42. Electing a United States Senator to fill the vacancy in said 
office upon the expiration of the temporary appointment of Hon. A. 
T. Wood. 

Done at the Capitol in Frankfort, Kentucky, on this the 5th day 
of March, 1897, and in the 10.5th year of the Commonwealth. 

WILLIAM O. BRADLEY, 

Govrruor of Kriiliieli/. 



PROCLAMATION. 



'COMMOXWEALTH OF KENTUCKY, I 

Executive Department, j 

The 11th section of the proclamation issued on the 5th of March, 
1S07, calling the Legislature to meet on the 18tli day of March, is 
amended as follows: 

"And to provide for an additional Circuit Judge or Judges in 
districts having more than one Circuit Judge.'' 

Given under my hand March 12, 1S97, and 105th year of the 
Coinmonwealth. 

WILLIAM (>. BRADLEY. 

Governor of Koifiic/q/. 



GdVERSOn WILLIAM O. BRADLEY. 55 



MESSAGE TO THE GENERAL ASSEMBLY OF KENTUCKY. 



Called Session, March i:{, 1S1)7. 

Gentlemen of the Senate and House of Representatives: 

When the present administration came into power, it was eon- 
fronted with a large floating debt and an insiiflicitnit levcmie to pay 
current expenses. 

Your attention was called to this, and lelicf requested at the last 
session. You were asked to enact laws to abolish unnecessary oflfi- 
ces, reduce salaries, curtail expenses, provide necessary revenue, 
prevent mob violence, but each of these recommendations passed 
unheeded, the result of which is, that the financial ci-edit of the 
State has suffered seriously, expenses have increased and mob rule 
has prevailed to an extent never heretofore known in this Common- 
wealth, 

MOB VIOLENCE. 

Since jour adjournment, a number of citizens of the State have 
been atrociously murdered by cowardly mobs. In some instances, 
although guarantees of protection had been given, they proved mere 
ropes of sand, and although courts were in session, and in one in- 
stance the defendant on trial, the sanctity of the law was ruthlessly 
invaded, decency and order outraged and murder committed under 
pretense of purifying society and punishing crime. No apology or 
excuse can be m.ade for such conduct. Those who congregate and 
conspire to and take human life are legally, greater criminals than 
tlKJse whose lives they seek or take, for no crime is so base and 
repulsive as that committed under cloak of pretended vindication of 
law. Such action does not deter criminals or prevent crime. Its 
efl'ects are diieful ui)on the community and bi-ings the administra- 
tion of justice into contempt. 

The condemnedcriminal suffers fearful and indescribablepunish-. 
meni: and torture as he confronts certain a])i>roacliing death and 
notes the silent passage of the hours that bring him nearer to etern- 
ity. Society is im])ressed with Iiis hari-owing ])osition. and thus a 
legal condemnafion and the execution that follows. ins])ire horror 
in the mind of Ihe doomed man and fear in that of tlie would-be 



56 FUBLIC DOCUMENTS OF 

mui'dei-er. The action of a mob, on the other hand, begets a spirit 
of hiwlessness and disregard for human rights and is the worlc of 
only a few moments, leaving in its wake an indelible stain on the 
locality where it occurs, dealing out punishment, the swiftness of 
which, compares to that inflicted by tlie law, is actual relief. 

Ko mercy should be shown the rapist, black or white, but the ex- 
treme penalty of the law promptly inflicted. Such a course will 
effect more good, a thousand fold, than the action of the mob. 

Kot only has human life been lawlessly taken, but rights of prop- 
erty have been disregarded, and midnight raiders. in the counties of 
Franklin, Woodford, Lewis, ^fadison, Anderson, Fleming, Lincoln, 
Mercer, Washington, and probably others, have, with impunity in- 
timidated citizens, closed and destroyed toll-gates and houses, and 
openly defied the law. 

The civil authorities have failed up to this time, so far as I know, 
to convict, and have almost universally failed to arrest, any of the 
murderers and raiders who have thus disgraced the Common- 
wealth. This is a sad commentary on our civilization. The power 
of the Executive to bring these outlaws to justice is narrow and 
circumscribed. His only authority, unless he should witness such 
conduct, accomY)anied by a failure to protect the citizens by local 
authority, is to assist county officers in discharging their duty, 
which, in Uiosi instances, they have manifested no disposition to 
perform. He can not even offer a reward, for the statute gives au- 
thority to take this step only in aggravated cases of murder and 
other felonies against the person. In 1.^73 a statute was enacted, 
known as the Kuklux Law, in which authority was given to offer a 
reward for the apprehension of those guilty of such crimes as have 
been committed by these turnpike raiders. But in 1893, when the 
Legislature enacted the new chapter on Crimes and Punishments, 
the provision as to rewards among others, was omitted, and the 
Court of Appeals, some years ago, decided that all portions of the 
law omitted were repealed. The Executive has, at all times, been 
ready and willing to the fullest extent, to uphold and assist those 
wiiose duty it was to apprehend these criminals, of which disposi- 
tion they w'ere notified. 

Your attention is further directed to the fact, that the Governor 
has no right to make any draft upon the Treasury for the pur]>ose 
of detecting criminals in a quiet and secret manner, wiiich is. of all 
others, the most effective. 

At vour last session von were earnestlv asked, in mv first oftirial 



GOVERNOR WILLIAM 0. BRADLEY. 57 

couiumnioatiou, to take stejDS to prevent and punish mob violence. 
Thereafter, auotlier message was sent to you, recommending the en- 
actment of a law making tlie counties in which sucli outrages were 
committed responsible in damages to the legal or personal repre- 
sentatives of the victim, and giving change of venue to other coun- 
ties, in order that fair trials might be had. The same measures are 
now recommended, together with such provisions as will make 
counties liable in cases of personal injury where death does not en- 
sue. Whenever tlie people of a county know that they will suffer 
financially by reason of such conduct, it will prove an active incen- 
tive to prevent the commission of such crimes. 

If sherilis, jailers, and other peace ofticers having prisoners in 
their custody, or whose duty it is to take them into custody, would 
do their dutj', much of this trouble might be avoided. In order 
that they may hereafter be more watchful and faithful, it is recom- 
mended that in each case, when a prisoner is taken from their 
custody or is taken by reason of their failure to arrest and protect 
him, that the ofticer in charge, or who, knowing of the crime, and 
having reasonable opportuity to take charge of the party fails to do 
so, shall forfeit his office. 

It is further recommended, that in cases where prisoners in con- 
finement may be armed, without thereby enabling them to esca})e, 
that the officer having them in custody shall have the right to arm 
them in order that they may resist such attacks. No mob would 
be able to stand before the prisoner fighting for his life and the 
jailer or sheriff fighting for his office. 

STATE INDEBTEDNESS. 

The manner in which claims against the State have been hawked 
about and discounted, their holders fleeced and shaved,- is discredit- 
able. Following, is given a statement of the present condition of 
affairs, and you are most earnestly requested to enact such meas- 
ures as will liquidate the floating debt and "promptly pay current 
expenses, so that the credit of the State, and those to whom the 
State may become indebted, will not suffer in the future. 

It has for some years been obvious that the rate of taxation was 
insufficient. To reduce it was a ste]) iu the right direction, provided 
expenses bad been reduced also; but reduced taxation and increased 
expenses liave brought about tlie never-failing result. 

It is npjiareiit ihnt the rate nmst be increased, .-nid as to bow 



58 J'LBLK DOCl llhXTS OF 

long this increase is to continne. depends entirely npon steps that 
may be taken in the direction of economy and reduction of expendi- 
tures. 

It is suggested, that the i)assage of a well-regulated law increas- 
ing the license fees of wholesale and retail liquor dealers, druggists 
and distillers, would produce considerable revenue. The same may 
be said of increased license fees on pool and billiard tables and other 
similar devices and of special taxes for the sale of tobacco, cigars, 
etc. 

The license fees for circuses and other entertainments might 
well be increased and regulated according to the population of the 
various counties in which they exhibit. License fees might be re- 
quired of all i)ersons selling pistol cartridges and all newspapers 
and others offering to give firearms as premiums. 

A fee of two dollars might be charged for each commission is- 
sued to an officer. The tax on deeds and mortgages should be regu- 
lated according to the value of the properly mortgaged or conveyed, 
not less than twenty-five cents and not more than two dollars. There 
is no reason why a mortgage or deed for $100 worth of property 
should be taxed as much as one for |1.000 worth of property. 

It is believed that a carefully constructed bill, along the lines in- 
dicated, would produce considerable revenue. 

The bonded indebtedness of the State is composed of the follow- 
ing items: 

Certificates of indebtedness issued June 1, 1885, due 
June 1, 1905, bearing 4 per cent, interest per an- 
num, payable semi-annually |500,000 00 

Matured ^Military Bonds belonging to A. i<sr M. College 165,000 00 

Old Railroad Scrip long past due n04 00 

Old oO-year- issue (1835), past due more than thirty 

years 5,000 00 

Old issue made from 1841 to A]>ril, 184(). long ])ast 

due ■ 1,000 00 

Educational bonds, bearing 6 per cent, interest, pay- 
able semi-annually out of the Sinking Fund |2,312,500 86 

Total 12,983,900 86 

Hitherto, the educational bonds have not been enumerated as a 
part of the indebtedness of the State on the ground that they are 
not redeemable. The fact that thev constitute a continuing debt 



aOVERXOU WILLIAM 0. BliMtLI'.y. 59 

upon which interest is paid and icpii'seut that much nioiiey due the 
educational department, which the State borrowed and expended, 
does not, in my judgment, authorize their omission from the column 
of indebtedness. 

The old bonds mentioned, amounting in the aggregate to |0,394, 
have been i>ast due for many years, and most probably will never 
have to be liquidated, yet they are in fact, due and owing and should 
be counted. 

The resources of the Sinking Fund are: 

Balance of Sinking Fund 1380,8^0 58 

4(K; shares of stock in Bank of Louisville, valued at. . 2(>,390 00 

Turnpike stock, valued at 400,000 00 

Total 1813,280 58 

In my judgment, the bank stock would not bi-ing the sum named 
in o]'en market now, and would not have brought, at any time for 
several years last past, the valuation fixed. As to the turnpike 
stock, the agitation for free roads and the shameful conduct of 
those who have taken the law into their own hands, have caused 
serious depreciation. 

But, assuming the valuation above to be correct, and substract- 
ing the resources named from the bonded indebtedness, we have a 
balance of that debt amounting to 3^2.170,739.98. 

To this must be added the floating debt, past due, as follows: 

Outstanding warrants $1,142,503 72 

Estimated unaudited claims 5,000 00 

Unpaid a])propriations (1894) for asylum buildings. . 01,071 55 

Unpaid ai)])ro])riation. Houses of Eeform 100,000 00 

Due school teachers. July 1, 1897 105,000 00 

Due asylums, April 1, 1897 120.000 00 

J^eticit general expenditure fund 319,230 42 

Deficit school fund 1,423 11 

Total $1,914,228 80 

Add balance, bonded indebtedness above . .'. 2,170,739 98 

(Jiand total 114,084,968 78 



60 PUBLIC DOCUMENTS OF 

Of the old Avanauts issued before the present adiuiuistiation' 
came into power, 1114, ■i-22.;i') have been jjaid, and on new warrants 
issued on old indebtedness there has been paid about |1U0,U0U. 

Under the administration of the late Superintendent of Public 
Irstruction the 144,000 to the credit of the school fund was ex- 
hausted, and at the end of the fiscal year, July 1, 1896, after the 
application of all taxes collected, there was a deficit of |114,612. 

The amount due teachers on the first of January last was $165,- 
000. This amount, the Superintendent assures me, will be paid by 
the end of the present fiscal year (July 1st); so that the revenues of 
the ^)'ear 1896 will liquidate the current school indebtedness for- 
that period, together with the deficit named. By reason of the pay- 
ment of that deficit, and an increase in the common school enroll-^ 
mei.'t of 8,:3.''.7 the per capita of .f2.80 has been reduced to |2.20. 

REPOET OP CORPORATIONS, ETC. 

The present law requires that reports should be made by each dis 
tiller in the State to the Board of Valuation and Assessment, as of 
September 15 of each year, of the amount of whisky on hand on that 
date for the purpose of assessment. It likewise requires the report 
of withdrawals of wiiisky from the bonded warehouses to be made on 
the 1st day of January, ^lay and September. The auditor informs 
me that it is impossible to make an exact check on the distillers, be- 
cause the reports being rendered at different times, there is always 
necessarily a discrepancy between them. At his instance, it is re- 
commended that the date of these reports be changed to the last day 
of August in each year. 

The present law also requires all cor])orations to report as (o the 
15th day of September in each year to the P>oard of Valuation and 
Assessment. These reports should be made as of the 31st day of 
December, or the 30th of June of each year, as it is practically im- 
possible for large corporations to close their accounts and render a 
correct and accurate statement in the middle of any month, and as 
most corporations close their books at the end of the calendar or 
fiscal year. 

The jtrcsent law requires insurance com]»anies to make their re- 
]>orts to the Commissioner of Insurance for the purpose of taxa- 
tion on the 30th day of June. All the large insurance com])anies 
make a ])ublic annual report as of the 31st day of December in each 
year, and, as il would be very beneficial to have a comparison of 



^OVrJRXOh' WILLIAM 0. BRADLEY. 

the reports made lo the auditor's office with their published reports, 
it is suggested that tliev be hereafter required to report as of the 31st 
of December instead of the .'{()th of June. 

These changes, if made now, so as to become effective at an early 
date, will result in the collection of an increased amount of revenue. 

DELINQUENT TAXES. 

Under the present law a large amount of land is sold to the State 
for delinquent taxes. Under the decisions of the courts these sales 
are null and void if all the steps required by law for the collection of 
taxes by the sherilf, and the assessment of taxes by the assessor, 
Jiave not been strictly complied with. It is suggested, that a law 
should be passed compelling the sheriff, before he can receive credit 
from the auditor for his land sales, to produce evidence that all the 
necessary steps have been taken to make the sale a legal one, and 
(hereby insure greater care on the part of sheriffs, and greater se- 
curity to the State in the purchase of these lands for delinquent 
"axes. 

There is no sufficient provision in the statutes for the collection of 
delinquent taxes on personal property. In the large cities especi- 
ally, an enormous number of lists of delinquent personal taxes are 
allowed by the fiscal courts and credited to the sheriff each year. 
After the sheriff has received credit for them he has no incentive 
lo further attempt to collect them, as the 4 per cent, is too small to 
recompense him for the trouble of levying and making the proper 
seai'ch for property on which to levr for this class of taxes. A law 
should be passed authorizing some person, other than the sheriff, to 
collect these taxes, and either provide for the payment of said per- 
son, out of the amount collected, or add to the amount of taxes so 
delinquent an amount sufficient to pay for trouble in collecting same. 

There should be no delay in correcting these evils, and great good, 
in my judgment, will accrue to the State if prompt action is had. 

TRIMTXAL PKOSErr'TTOXS. 

There is no branch of tln' ]M]lilic service which is so onerous to the 
tax-payer as criminal prosecutions. For years, up to the last (of 
which no report has yet been made) these expenses have steadily in- 
creased. For the stvond time. I most respectfully rrcommend the 
reforms includ(Hl in a former message. 

1st. The passage of a law gi^■ing power to the judge, instead of 



(•,2 PUBLIC DOCUMESTa OF 

llie jui'V, to fix the. piuiislniu'iit, Icnviuj; with tlie jury the sole right to 
i»jiss upon the guilt or innocence of the accused. It is frequently not 
difficult to obtain a verdict of guilty, while it is next to impossible 
to procure an agreement as to the extent of punishment. Hung 
juries are a most prolific source of expense, as well as escape for 
criminals. In many of the States of the Union, and in the Fedcnal 
courts, the rule recommended has proven of the greatest value. From 
consultations had with a number of circuit judges of the State, I 
liave been assured that this change would greatly facilitate the ad- 
ministration of justice, and save the i^^tate more than |100,000 an- 
nually. 

2d. All misdemeanors, where the maximum fine is less than 
1=500, or the maximum imprisonment less than one year, or both, 
should be removed from the circuit courts, and jurisdiction to try 
the same conferred upon justices of the peace, police and quarterly 
judges, as may be deemed proper. In this way, the circuit courts 
would be enabled to clear their dockets and prevent large expense 
in (he way of jury fees and witness fees (resulting from delaying 
trials of felony cases) while witnesses are in attendance awaiting the 
completion of trials in misdemeanor cases. 

;id. There should be some sort of limitation placed upon the in- 
discriminate summoning of witnesses, and the procuring of warrants 
and arrests for grand larceny, where the accused is guilty of petit 
larceny only. 

The enactment of a law requiring that affidavit should be made 
by some reputable party as to the necessary witnesses, and clearly 
showing the crime charged to be grand larceny, would, in a large 
degree, cure this trouble. 

4th. The payment of fees to officers for holding examining courts 
should be abolished, or not more than $2.00 for each eight hours con- 
sumed allowed. It should be made the duty of county attorneys 
under penalty, to give these claims their careful attention, and cer- 
tify their correctness under oath. 

5th. The minimum value of all property stolen, or obtained under 
false pretenses, or embezzled, to constitute a penitentiary offense, 
should be placed at f20.00. There is no reason for a distinction in 
Ihese matters. Under this rule the number of convicts in the peni- 
tentiary would be materially lessened, and a large sum saved by the 
State. Persons guilty of stealing, embezzling, or obtaining by false- 
])retense, any money or property of less value than $20.00 should be 
])ui!ished by being compelled to work the roads and streets of the- 



aOYERyOIl WILLIAM O. BRADLEY. 63. 

county, city or town instead of being imprisoned at the expense of 
llie State. 

A. & :m. college bonds. 

You ai-e doubtless aware tliat Congress, in July, lS()i\ donated 
land to the several States for the purpose of endowinji Agriculrr.ial 
Colleges. Lender that Act, Kentucky received |ioOO,0()0 acres. 

The act provided that all the nu»ney derived from sales should be 
invested in securities of the United States, or of the State or some 
other safe investment, yielding not less than 5 per cent, ui^on par 
value of said securities, and the money so invested should constitute 
a perpetual fund, the capital of which should remain forever un- 
diminished and the interest inviolably appro]>riated by each State 
claiming the benefit of the act for the support and maintenance of at 
least one college. 

It is further provided by the act that if any portion of the fund 
invested shall by any action or contingency be lost or diminished, 
it shall be replaced by the State, so that the capital shall remain for- 
ever undiminished, and the annual intei-est regularly applied, with- 
out diminution, for the purpose stated. Kentucky accepted the pro- 
visions of This act, established the college by act of February 22, 
ISC.n, and authorized the co)nmissioners of the sinking fund to sell 
the land and scrip and invest the proceeds as required by act of 
Congress. The commissioners sold the scrip and invested the pro- 
ceeds in Kentucky G per cent, bonds known as military bonds, the 
interest on which w^as regularly paid until July 1, 1S!)4, at which 
time some of the bonds matured, and the remaining bonds maturing 
a short time thereafter, the interest ceased to be paid. Not only the 
principal, but the interest amounting to about flS.dOO. is now due. 
The failure to pay litis interest has severely crip])led the institution, 
and steps should be taken immediately so that tlie necessary funds 
may be had to enable the college to ojxmi successfully in September 
next. 

It is thought that the most feasil)]e ]»lan would be to authorize 
the issual of bonds to tal^c ihc jtlace of the old military bonds, bear- 
ing interest at .") per cent., as of date of the maturity of the old 
l)onds, thus insuring the ])ayment of all interest due and to become 
i\\u\ in accordance with section 50 of the Constitution. However, 
this is a matter wdiich is submitted to you for solution in the way 
yon think most practicable and proper. 



-64 PUBLIC DOCUMENTS OF 

SALAKIES. 

Agaiji, atleuliou is eiilled to the matter of salaries. There is 
no reason why present salaries slionld be greater than those al- 
h)wed at the conclusion of the war, when gold was bringing an 
enormous premium; yet they are now greatly more, in some in- 
stances, nearly twice as much. Next November some of these ofti- 
cials are to be elected, and as their salaries can not be reduced dur- 
ing their term of oflice, to be of any value legislation should be now 
had. as there will be no other session until after the new term of 
office begins. And while engaged on this subject a general reduc- 
tion should be made. 

ELErTIONS. 

Republiean government demands, as its surest support and most 
l)owerful protection, purity of the ballot and the adoption and en- 
forcement of such laws as will enable every citizen to know how to 
vote, to be protected in that right, and have his vote counted. The 
result of the late election demonstrated, in more than one respect, 
that changes should be made in the present system. 

I have the honor to repeat the recommendations made at the last 
session. 

1st. Where registration is enforced, especially in large cities, it 
is claimed that regular registered voters, in some instances, are 
falsely impersonated, and on this account persons who are not en- 
titled, vote, and in this way legal voters are prevented from exer- 
cising their privileges. xAs to whether this charge be true I do not 
know, but the fact that such a wrong is possible is sufficient to de- 
mand the enactment of laws which will, in some measure, identify 
the lawful voter. 

2d. The intention of the ballot system was to enable every citi- 
zen to cast his vote in such a way as to s^^cure perfect secrecy. In 
%iewof this intention, it a]>pears iminoper that in registering voters, 
the officer should have the I'ight to ask and record their party affili- 
ations. This is done upon the theory that in primary elections par- 
ties may be enabled to control their organization. In places where 
no registration is allowf^d no difficulty is experienced in this mat- 
ter, and none, I presume, Avould be exp'M'ienced elsewhere. The 
])arty ]»resenting himself to vote at a juimary {^lection micht be 
sworn bv the officers, if demanded, and be jninishcd if guilty of false 
sweaiinu'. 



aOVE/x'SOh' WILLIAM (). BRADLEY. 65 

3d. Primaiy elections should not be held at the same time and 
place as regular elections. They consume time and create undue 
confusion and excitement. The selection of candidates should not 
bo allowed in an^' way to conflict with oi' alfect the election of 
orticers. 

1th. The placing- of the emblem or party device in a square, and 
recjuiring the voter to ])lace his cross-mark in the square has led to 
confusion and uncertainty. The emblem should be placed at the 
head of each ticket, a square or circle beneath, and entirely discon- 
nected from it, and the cross-mark required to be made therein. 

nth. Article 13, chapter 41 of Kentucky Statutes, j^rovides pen- 
alties against certain frauds in elections, many of which are dead 
letters, because section 1591 prohibits conviction upon the testimony 
of a single witness, unless sustained by strong corroborating circum- 
stances. Surely, such a safeguard as this to the defendant is un- 
necessary, in view of the fact that he is a competent witness. 

Gth. The practice of corralling voters, and with money and 
whisky persuading them to remain aw^ay from the polls, is quite 
common. It is also common to liire men to remain away from the 
polls. 

The law should prevent this, and, in all cases of corralling, au- 
thorize the issuance of a writ of habeas corpus on the petition of 
any person; and on the trial thereof, then and there to be had, re- 
quire the judge or anagistrate to release the persons detained. In 
addition, laws should be enacted with severe })enaltics against th(s 
person or persons having the voter in such unlawful custody, or 
causing him to remain away from the polls. 

7th. According to the jjresent law, when any paity has failed to 
nominate a. candidate by convention or primary election, upon a 
]tetition. signed by the requisite number, any individual, however 
objectionable, may have his name placed under a ])arty device. Fi'e- 
quently this may ])i-ove distasteful to the i)arty. and should not l>e 
allowed. 

8th. Seetion 14."»S ]>i-oliibits the Secretary of State from certify- 
ing and the county clerk from placing the name of a candidate 
]>roperly certified to have been nominated on the ballot whenever 
notified by such candidate that he will not accept the nomination. 
Section 1464 provides, in case of death, removal or resignation, after 
the printing of the ballot, that certain steps may be taken to tneet 
the contingency. 1 suggest, that in either state of case referred to 
in the last-named section, or in the case mentioned. in section 1458, 



66 PUBLIC DOCUMENTS OF 

it be made I lie duty of the {Secretary of State or clerk to immediately 
give notice to the Chairman or Secretary of the State Central, Dis- 
trict or County Committee, and that posters be provided and used in 
such cases, and pro])er steps taken by the party organization, to en- 
able it to supply the place, as provided in section 1464. 

0th. Section 1557 prescribes a fine of .|50 and imprisonment in 
the county jail against any otticer upon wlioni a duty is imposed in 
chapter 41 who sliall willfully neglect to perform it, or who shall 
willfully perform it in such a way as to hinder the object of the 
law. A glance at the many important duties which this section 
governs, will demonstrate that the punishment is entirely inadequate 
as to officers of registration and officers of regular and primary elec- 
tions. Tarticularh', is this true as to the duties assigned to the 
Secretary of State in certifying nominees; the clerk in the proper 
preparation and distribution of stencils and ballots; the sheriff in 
delivering ballot boxes; county judge in the appointment of officers 
of election and giving notice of same; the admission of unauthorized 
}»orsons into the booth or within less than fifty feet of the polls; the 
counting of votes and the presemation of contested ballots. In this 
connection, I fail to see that any punishment is provided for an 
officer of the election who willfully and knowingly refuses to receive 
a legal vote. It is recommended that the law be carefully revised 
so as to severely punish all violators thereof, and make it sufficiently 
comprehensive to provide safety and security for the voter, and cer- 
tainty that his vote will be fairly counted. 

10th. Section 1448 limits the appointment of officers of elections 
to housekeepers. Many competent persons are excluded by this sec- 
tion, and it should be repealed. 

In addition to the foregoing suggestions your attention is called 
to section 1482 of the statutes. That section should be so amended 
as to allow ballots to be counted, even if not sealed and certified 
as required, if it should be made to appear by proof positive or cir- 
cumstantial that they are in fact the ballots concerning w'hicli there 
is a dispute. 

The voter should not be deprived of his right of suffrage by rea- 
son of the awkwardness or incompetnecy of election officers. 

FREE SPEECH. 

Free speech is the inspiration of Republican government. To 
deny or abridge it is a crime against liberty. It should be encour- 



GOVERNOR WILLIAM 0. BRADLEY. - 67 

aged and protected by every true Araeri(;aii. Laws should be 
adopted intlicting sever(i punishment on those who interfere in 
any v,a\ with speakers or public meetings. The interferences pre- 
ceding the last November election were not creditable and should 
never be allowed to occur again. This subject should be attended 
to now, as before another meeting of your body a great campaign 
will have transpired in Kentucky — a camjiaign which should be 
marked by deliberate thought and uninterrupted speech. Prin- 
ciples which will not admit of full and fair discussion should not be 
entertained, much less given etfect. The people may at all times be 
relied upon to do right when they are given an opportunity to under- 
stand the questions at issue. 

STATE APPORTIONMENT. 

Heretofore your attention has been invited to the matter of ap- 
portionment of the various districts of the State. It is now urged 
by citizens of Louisville that the creation of another circuit district 
in the county of Jefferson is absolutely necessary. It is represented, 
too, that unless some steps should be taken by your body to prevent 
it, a portion of Jefferson county, recently taken into the city of 
Louisville, will be denied the right to vote by reason of defective ap- 
portionment laws. 

The framers of the present Constitution determined to secure 
a just apportionment of the State, and for that purpose adopted suit- 
able provisions. No political party has the right to invade or violate 
the rights of the people to just equality in the privileges of citizen- 
ship. The present General Assembly, being Republican in one 
branch and Democratic in the other, is well constituted to make a 
fair apportionment of the State. 

Section 116 (Constitution) requires, "The General Assembly shall, 
before the regular election in 1S94, divide the State, by counties, 
into as many districts, as nearly equal in population and as compact in 
form as possible, as it may provide sliall be the number of the judges 
of the Court of Appeals." 

The apportionnient. under this provision, into seven appellate 
districts, is not in harmony with the section quoted. For instance, 
in one of these the po|»ulalion is only 180,241, while in another it is 
307,835; as little as 4,033 square miles are embraced in one while as 
niuch as 7.987 are contained in another. Other similar instances 
were cited in a former message. A glance at the figures will show 
"that the Constitution was violated in making the apportionment. 



98 PUBLIC DOGVMENTH OF 

Section 128 (Constitution) provides: '' At its first session after 
the adoption of tliis Constitution the General Assembly, having due 
regard to the territory, business and population, shall divide the 
State into a sufficient number of judicial districts to carry into effect 
the provisions of the Constiution concerning circuit courts. * * * 
The number of said districts, excluding those in counties having a 
population of 150,000, shall not exceed one district for each 60,000 
of the population of the entire State.'' 

In a former message your attention was directed to a comparison 
of many of the districts, among which were the second district, with 
an area of 580 square milts and a population of 32,308, and the 
,twenty-eighth district, which embraces an area of 2,540 square miles, 
and a population of 73,061. 

Section 33 (Constitution) provides: "The first General Assembly 
after the adoption of this Constitution shall divide the State into 
thirty-eight Senatorial districts and one hundred representative dis- 
tricts, as nearly equal in population as may be. without dividing any 
county, excepting where a county may include more than one dis- 
trict, which districts shall constitute the senatorial and representa- 
tive districts for ten years. Not more than two counties shall be 
joined together to form a representative district: Provided, in doing 
so, the principle requiring every district to be as nearly equal in pop- 
ulation as may be shall not be violated. * * * If in making said dis- 
tricts inequality of population should be unavoidable, any advantage 
resulting therefrom shall be given to districts having the largest 
territory." 

From among the many instances cited in a former message, show- 
ing that this section has been disregarded, your attention is called to 
the fact that one legislative district, composed of the four counties of 
Beil. Harlan, Leslie and Perry, covering an area of 1,628 square 
miles, and containing a population of 26,804. is given one represent- 
ative, while the counties of Hancock, INIeade and Larue, with an ag- 
gregate area of 792 square miles and a population of 28,131, are given 
three representatives or one each. Further comparison would be odi- 
ous. That all these apportionments are unconstitutional, inequitable 
and unjust can not be seriouslyquestioned. It is said, however, that as 
the first Legislature that assembled after The adoption of the Con- 
stitution was directed to make the ap]>ortionment, no other body 
can interfere until after the lapse of ten years as to appellate, sena- 
lorial and legislative districts, and that this great wrong can not be 



GOVERNOR \V I LI JAM O. BRADLEY. 69 

remedied. Clearly', it was not the pui-pose of the niakens of the 
fuudauieutal hivv to give the power to that Legislature alone to make 
the lirst apportionment. The power to do this act was conferred in 
order that the question should be settled as early as possible, and 
Ijroper representation had. Can it be questioned, that if that body 
had failed to even undertake to act, that the State would have been 
deprived of a Legislature for the period of ten years? The failure 
io ac^ and unconstitutional action are one and the same, for in th.^ 
latter case, action is nugatory and void. The present Legislature 
having been elected in this way, the i)urposes and necessity of gov- 
ernment require its recognition, otherwise anarchy and confusion 
would result. Hence, the present body, although improperly se- 
lected, per necessitate, has the power to carry into effect the require- 
ment of the fundamental law-. 

RELIEF FOR LITIGANTS. 

There are now nine hundred and seventy-six cases under submis- 
sion in the Court of Appeals, three hundred of which have been sub- 
mitted more than a year. In addition, there are five hundred and 
forty on the present docket not submitted, two hundred of which 
have been on the argument docket awaiting hearing for more than 
a year. This is a substantial denial of justice to those having causes 
pending in that court, for which they are in no wise responsible. As 
a remedy, it is suggested, in the first place, that the minimum amount 
necessary to give jurisdiction be increased to f!80(). There is nothing 
in the threadbare argument that such a rule would deprive the poor 
of the right to be heard in the court of last resort, for if there were 
anything in this contention, the poorer the man and the smaller 
the amount the greater the necessity for allowing his appeal. Those 
who are so unfortunate as to have in controversy less than flOO are 
now denied the right of appeal. It would certainly be no greater 
hardship to deny the right to those having actions involving less 
than f.SOO. Of necessity, the jurisdiction of courts must be regu- 
lated in proportion to the duties devolving upon them, so that by 
reason of unnecessary burdens justice may not be delayed. This 
principle has been recognized since this was a Commonwealth. 
There are many causes in justice's courts that can not be appealed 
to circuit or even quarterly courts. Dispatch of business, economy 
and prompt administration of justice demand that there should 
be limitations placed upon the several jurisdictions. The passage 



70 PUBLIC DOCUMENTS OF 

of an act enabling the judges for the next two years to employ 
clerical aid, and appropriating for that purpose to each one of them 
the sum of |800 annually, and the increase of minimum amount nec- 
essary to confer jurisdiction, would materially lessen the number of 
appeals and enablt^ them to rapidly decide the large number of 
delayed cases, and, at the end of two years, to be up with the docket. 
In order to relieve the taxpayers, to a laige extent, from the expense 
attending this appropriation of |5,G()0 clerk hire, it is suggested that 
the offices of deputy sergeant-at-arms, tipstaff and janitor, which cost 
the State annually |3,285, should be abolished, and the seven clerks 
required to discharge the slight duties required of these officials in 
such order as the court should direct, 

REVISING THE STATUTES. 

' Much confusion exists concerning the law^s of the State. The 
book known as the ''Kentucky Statutes" has never been adopted by 
the Greneral Assembly. From it many statutes of importance have been 
omitted. It is of vast importance that all laws in force should be 
published in one collective body, and as plainly set forth as possible. 
Those that are unconstitutional should be eliminated, and those 
necessary to carry into effect the spirit of that instrument should 
be adopted. My opinion is, that you could do the State great good 
by ])roviding for the appointment of two commissioners, with such 
salary attached as w^ould insure acceptance of appointment by those 
learned in the law, to revise all the statutes, amend, add to, &c., 
and report same to the regular session. 

This subject was embraced in the call on account of universal 
complaint of the present condition, and requests that the codifica- 
tion be had; and because it is one of the matters of the first im- 
portance to the State. 

HOUSES OF REFORM. 

Your honorable body at its last session provided for the building 
of houses of reform, but no provision was made whereby the money 
should be obtained with which to carry the act into execution. 

Information received from the commissioners develops some diffi- 
culty in carrying out the measure. Some dispute has arisen as to 
whether separate houses are to be erected at different places. It 
is suggested that experience at the deaf and dumb asylum, blind 
asvlum and house of reform in Louisville has demonstrated that 



GOVERXOR WILLIAM (). BRADLEY. 71 

bojs and girls may be well controlled in one building by being sep- 
arated from each other. Should this be recognized as the feasible 
course to pursue and onl}- one house established, only one set of offi- 
cers would have to be appointed, thus saving a large outlay by 
the State. 

The government is vested in six commissioners — three women 
and three men. I am informed that on nearly ever^' question which 
has arisen before the board the vote has been a tie, and that on this 
account nothing has been accomi>lished. To avoid this complication 
])Ower should be given to appoint another commissioner. 

Various other ditticulties have been suggested, which will be 
brought before the Committee on Charitable Institutions. 

There is a crying necessity for immediate action in this matter, 
as there are a number of children in the penitentiaries under sixteen 
years of age who can not with safety be turned loose on society, 
and yet who should not be confined with old and hardened crim- 
inals. Would it not be wise and humane to adopt such legisla- 
tion as will provide for the removal of these unfortunate beings, 
and their confinement with others who may in the meanwhile be 
convicted, to the house of refonn in Louisville, until arrangements 
can be completed for their reception into the State institution? 

PENITENTIARIES. 

The present administration has been confronted with unprece- 
dented difficulties concerning the management of the penitentiaries. 

The w^orkshops at Eddyville were destroyed in May last, and 
have not been rebuilt for lack of funds. The chair contractors at 
Frankfort Penitentiary threw up their contract in April last. 

The CommissionervS of tlie Sinking Fund, after much persistent 
labor, succeeded in employing 1,0.50 convicts at the latter place, and 
in building one workshop and adding improvements to another, and 
hope to be able in the near future not only to place the Frankfort 
I'rison on a self-sustaining basis, but in addition to make something 
for the State. In making these contracts and improvements Treas- 
urer Long and Auditor Stone are entitled to especial credit, having 
been selected by the board to look after the details of the same. 

Advertisements for labor at Eddyville have been repeatedly 
published, but the working of convicts at that place has proven 
comparatively of no importance. If the few men employed there 
were at the Frankfort I'enitentiarv the commissioners are assured 



72 PUBLIC DOCi.UEXTiS OF 

that five cents per day additional could be obtained for their labor, 
and if all the convicts at Eddyville could be transferred to Frank- 
fort there would be no dilTticulty in employing them, and besides, 
only one set of officers would be necessary. 

The placing of a penitentiary at Eddyville was a mistake in the 
beginning, and it has proven an incubus on the State and a source 
of never-failing annoyance, vexation and expense. It is not eligibly 
situated, and owing to the topography of the country a branch rail- 
way, with necessary trestles connecting with the Illinois Central 
R. R., would cost many thousands of dollars. 

To further continue it, can result in no good, and with the con- 
currence of every member of the Sinking Fund Commission, its 
abandonment is recommended, the transferring of inmates to Frank- 
fort Penitentiary, and appropriations to build necessary workshops 
and cells and provide machinery. 

If, however, your honorable body shall be of a different opinion. 
Then it m urged that you make provision for the erection of work- 
shops, the purchase of machinery, etc., at each of said penitentiaries. 

BANK INSPECTOR. 

Experience has proven that the management of the National 
banks, by reason of the safeguards thrown around them, is superior 
to State institutions. It is earnestly recommended, that you pro- 
vide for the appointment of an inspector, with power to inspect and 
report the condition of all State and private banks, trust companies, 
building and loan associations, and other like institutions; and com- 
pel them, and each of them, through their president or cashier, to 
make quarterly reports under oath. The salary of this officer should 
be paid proportionately by the institutions themselves, and fixed at 
such sum as will command the services of a competent and experi- 
enced man. The better security of depositors and stockholders de- 
mands that prompt action be tnken in this matter. 

THE PROCLAMATION. 

There are many subjects embraced in the proclamation calling 
the present session, on account of which criticism has been indulged 
in some quarters. The subjects were included in almost every 
instance upon urgent request, and an examination will show they 
are of such a character as to demand immediate action. Many of 
them are intended to make effective, iuiportant laws (affecting cities 



GOVERNOR WILLIAM O. BRADLEY. 73 

especially) passed, but not sij^ned by the presiding officers at the 
last session, on acctnint of wliicli inconvenience is suffered every day, 
and urgent reform and benefit prevented. I will call your attention 
(o some of them as succinctly as possible: 

1st. Asyli.'ms. — Owing to the fact that when the present ad- 
ministration came into power it was brought face to face with a 
large floating debt, and the necessary funds were not on hand; 
some of the asylum w'arrants were discounted, or money borrowed 
on the face of them, and interest contracted and paid. Indeed, 
in some instances this occurred before the change of administration. 
Of course there was no legal authority for such a step, but it w'as 
ji matter of necessity. Food, clothing, medicine, and other neces- 
sities had to be obtained. Persons wlio had hitherto taken w^ar- 
rants at their face value refused to continue it, and in order to pre- 
vent the destruction of the institutions and untold hardship and 
suffering to the helpless inmates, such action was had. These acts 
should be legalized. 

It is claimed that many improvements should be made at these 
institutions. This j'ou will understand when the matters are pre- 
siented to your committees. The sewage at the Central Asylum is 
nnd has been for some time the fruitful source of litigation against 
the State, and is complained of by persons owning adjoining prop- 
i^rty. Indeed, I am informed that the value of property contiguous 
to that asylum has been almost destroyed by reason of unhealthful 
odors and gases coming from the sew^age of the institution. The 
object of the State is to protect, not to persecute its citizens; to ben- 
fit, not to destroy their property ; and you are earnestly requested 
to make some provision concerning this matter, which may as soon 
as ])ossible relieve the complaining parties. 

2d. Convict Testimony. — The code prohibits convicts from tes- 
tifying in civil cases. The Court of Appeals has decided that this 
inhibition does not apply to criminal cases, and that it is the duty 
of the warden, on request by the judge of a court, to convey con- 
victs to any place in the State, to be used as witnesses, and, after 
they have testified, to return them to the penitentiary. 

If a convict is not worthy of belief in -a civil case, involving mere 
matters of pro])erty, he sliould not be, in cases wiiei'e liberty and life 
are at stake. Th" reasons that exist for disqualification in the 
one are applicabh' to the other state of case. Resides, the ex- 
])ense of conveyance to and from the ])enitentiary is an item of no 
small concern. Only a shoit while since T T-cn-eivcnl a letter from a 
circuit judge, notifying me tliat certain convicts would be sum- 



74 PUBLIC DOCUMENTS OF 

moned, but he thought it would be dangerous for them to come inta 
the community. Tliere are persons now confined, who, if taken 
bacli to the locality from which they came, would have to be guarded 
by soldiers to prevent being lynched, and, in some instances, soldiers 
would be needed to prevent escape, or release of convicts by their 
friends. 

I recommend that the law be amended by prohibiting them from 
testifying in any case, except as to crimes which may be committed 
while thej^ are in the penitentiary. 

3rd. Board of Pharmacy. — The law concerning the Board of 
Phai*macy affords no protection to citizens of the smaller towns, 
where the present indiscriminate employment of persons, wholly in- 
competent, is a constant menace to life and health. Prompt action 
should be had to remedy this evil. 

4th. Boundaries of Cities and Towns. — The boundaries of cities 
and towns along the Ohio river, and possibly in other portions of this 
State, lying contiguously to other States, as now established, do not 
embrace all the territory belonging to Kentucky, and thus evil doers 
evade the law and much valuable properly escapes taxation. In 
order that these things may be corrected immediate action should he 
taken. 

5th. Cities of the 2d and 4th Classes. — In cities of the second 
and fourth classes, legislation is imperatively demanded looking to 
the water supply, sewage, school buildings and public libraries, 
which the public good demands should be adjusted without further 
delay. 

f)TH. San Jose Scale. — Some years ago an insect was imported 
from Australia into California, known as the San Jose Scale, which 
inflicts great injury to fruit trees. Since its advent it hns found its 
way into many of the States. When once established it multiplies^ 
with wonderful rapidity, and is exceedingly difficult to exterminate. 
It has attacked nearly all fruit trees east of the INIississippi. The 
States of New York, Ohio. New Jersey, Delaware, Maryland and per- 
haps others have enacted laws for protection against its ravages. 

The Kentucky Horticultural Society, assembled at Alexandria, 
adopted a resolution renuesting that this matter should be embraced 
in the call, in order that the fruit industry of the State should be 
protected nt once, so as to prevent injury that will otherwise provo^ 
serious and cousidernble expense that may be occasioned by delay. 

7th. (tas and Oil, Wells. — Of late, there is considerable activity, 
capitnl and enterprise being employed in developing our gas and oil 



GOVE RX OR WILLIAM O. BRADLEY. 75 

interests. The statute fails to give the owuers of such property the* 
right to c'oudemn intervening land for the establishment of roads to 
rivers, railroads, etc., such as is given to the owners of mines and 
stone quarries. On this account the development of these interests 
is so hampered that the.v are being seriously retarded, and the statute 
should be amended so as to be made applicable to them. 

8th. County Indebtedness. — Some of the counties, which have 
contracted large liability for railroad subscriptions, have arranged 
compromises with bondholders, but are unable to fund their indebt- 
edness, because special acts giving such authority will, in some in- 
stances, expire in a short wliile; and hence, as no power to issue new 
bonds exists, except under the general law, bondholders will not 
accept bonds that may issue under it, because the remedies given 
therein for levy and collection of taxes are deemed inadequate. If 
these counties are enabled to do so, they can now compromise their 
indebtedness at small figures; but if not, serious trouble and hard- 
ship will result. You will doubtless amend the general law so as to 
afford the relief so urgently demanded. 

9th. Convict Coal. — The coal miners complain that convict coal 
is being shipped into this State, thereby seriously interfering with 
their employment. Considering the interstate commerce clause of 
the National Constitution, the remedy is somewhat difficult. How- 
ever, cars carrying such coal might be branded "Convict Coal," and 
the dealers compelled to place it in bins branded in the same man- 
ner. These wage-earners should be afforded every possible pro- 
lection. 

10th. Constitutional Amendments. — At your last session you 
adopted a resolution submitting to the voters of the State an amend- 
ment to the Constitution empowering the General Assembly by gen- 
eral law to provide certain forms of taxation by municipalities. 
Under section 257 (Constitution) before an amendment can be sub- 
mitted to a vote, the Secretary of State shall cause it and the time 
it is to be voted upon to be published at least ninety days before the 
vote is to be taken, in such manner as may be prescribed by law. As 
no manner has been prescribed and no law passed concerning it, 
and as under section 25G (Constitution) it must be voted on at the 
next November elec^tion, prompt aciion should be taken. 

11th. ''Official Index rrs." — Legislation will be asked concern- 
ing the salary of ''Official Indexers" and their assistants, which, to 
be certainly effective, must be adopted before the commencement of 
the term of those who may succeed the present incmnbents. 



76 PUBLIC DOCUMEXTS OF 

12th. Public Printing and Stationery. — The contract foi- 
jjublic printing and stationery will be entered into before the meet- 
ing of the regular session, hence to make a better contract for the 
State it is asked that the law regulating same may be amended. 

13th. Enforcing Constitution. — ^Laws should be adopted 
• clearly and plainly carrying into execution sections 205, 244 and 
24G of the Constitution. 

14th. Jurisdiction Franklin Circuit Court. — The legislation 
recommended in the 39th section of the call is intended, in the one 
case to give the Franklin Circuit Court concurrent, and in the other 
exclusive, jurisdiction, so as to save expense attending the prosecu- 
tion of violators of the law and make it more convenient to enforce 
its provisions, 

15th. Fees Secretary and Assistant Secretary of State. — 

Much confusion has grown out of the present statute concerning 
the fees of the Secretary and Assistant Secretary of State, and 
manner of paying same into the Treasury. Indeed, the law in some 
respects fails to establish the rate of fees. These fees all go into 
the Treasuiy, and the law should be changed so as to ensure a just 
scale of fees and remove all conflict concerning the same. 

IGth. Sales for Taxes. — The right of cities and towns to buy 
property sold for taxes is not clearly defined. Indeed, by some it 
is contended that they can not make these purchases. The conse- 
quence is, as I am informed, that there are millions of dollars un- 
collected. Every moment that this condition of things continues 
great damage is accruing, and an unjust burden being borne by those 
who promptly pay their taxes. All should equally bear the expense 
of Government, and the escape of one class only adds to the hard- 
ship of the other, 

17th, Commona^'ealth's Attorneys. — Section 22, article 3, chap- 
ter 100, Acts 1891-2-3, makes it the duty of Commonwealths attor- 
neys, except in Franklin county, to attend to all civil cases and pro- 
ceedings in which the Commonwealth is interested, A punishment 
should be provided for a failure to perform tliat duty. This would 
doubtless save the State a large amount annually, of fees paid to 
attorneys appointed by the Governor and Attorney-General, 

18th. State Inspector, — The duties of this office are onerous, 
and have been carefully and well performed by the present incum- 
bent. The law pays all the traveling expenses. These have been 
largely increased by reason of time consumed in various thorough 
and lengthy examinations and making reports concerning the prison 



GOVERNOR M'lLLIAM 0. BRADLEY. 77 

at EddjH'ille, the asylums and other matters.. The work could have 
been completed with the aid of a stenographer in one-fifth of the 
time, and hotel bills to this extent saved. Again, although this 
otticer has been industriously engaged, he has been unable, up to 
this time, to make various inspections that were required at the 
close of the last year. The services of a stenographer would have 
enabled liim ta complete every report. It is necessary that these 
reports and investigations should be promptly made. The good 
of the service absolutely requires it. During his term of office, in 
my judgment, he has saved the State double the amount of his sal- 
ary. In order that he may be able to discharge the duties of his 
office more promptly and effectively, I think he should be allowed 
to employ a stenographer. 

ELECTION OF UNITED STATES SENATOR. 

On the fourth day of this month, a vacancy occurred in the office 
of United States Senator for this State by reason of the expiration 
of the term of Hon. J. C. S. Blackburn. Under the Statutes of the 
United States and this State the Legislature elected in November. 
1805, was charged with the duty of electing a senator in anticipation 
of this vacancy, and for that purpose was required, on the second 
Tuesday after its meeting and organization, to proceed to elect a 
senator in Congress, and at 12 o'clock meridian on each succeeding 
day during the session of the Legislature to take at least one vote 
until a senator should be elected. 

Not only do the statutes select the body to perform this duty, 
but specify the time when the election shall commence and limit it 
1o the expiration of the session. This duty was not performed. 

I'nder another provision of the law your honorable body is al- 
lowed to elect after the vacancy occurs. 

Consequently, feeling that a senator should be elected and the 
State given full representation, I did not call the session until after 
the vacancy occurred, believing that an election before the happen- 
ing of that event would result in a refusal to seat the senator chosen. 

'Sly opinion was based on the statute, named, and the decision of 
the United States Senate in the case of .Tared Williams, where it 
was held, that although a session of the Legislature had been pro- 
rocued by the Governor, the adjournment liaTl. under his order sine 
<lir. the new session was a separate and distinct session. 

Meanwhile, after the vacancy happened, ii having taken place 



78 PUBLIC DOCUMENTS OF 

during a recess of your honorable body, desiring that the. State 
should not be left without full representation for any period of time, 
J a]>pointed a senator by reason of the jjower vested by subdivision 
2, section 3, article 1, Constitution of the United States, which pro- 
vides "that if vacancies happen by resignation or otherwise during 
the recess of the Legislature of any State the executive thereof may 
make temporary appointments until the next meeting of the Leg- 
islature, which shall then fill such vacancy.'' The Statute of Ken- 
tucky is to the same effect. 

From the foundation of the government to 1893, a period of more 
than one hundred years, the Senate of the United States, by an un- 
broken line of decisions, sustained the right of the Governor to ap- 
point under the circumstances named; but in 1893, this long-estab- 
lished and time-honored precedent was overturned. In making the 
appointment, I preferred to be governed by the well-established rule 
of a century rather than the modern innovation. 

I sincerely trust that you may be able to elect a senator at an 
early day, and that the interests of the State in other important re- 
spects ma^' not be again overlooked and neglected. 

COXCLUSIO^^. 

Trusting that your session may prove beneficial to the Common- 
wealth, and assuring you of my desire to assist in the good work, 
I am, with great respect, 

WILLIAM O. BRADLEY, 

Governor of Kentucky, 
March 13, 1897. 



GOVERXOIi WILLIAM 0. BRADLEY. 79 



ORDER REFUSING COMMUTATION TO JACKSON AND WALIJNG. 

Co:\IMONWEALTH OF KENTUCKY, ^ 

Executive Department, r 

Frankfort, March, 1897. J 

Tbe common law concerninji tlie crime admitted in the con- 
fessions to have been committed, is in force in this State. The 
confession shows that Pearl Bryan was killed by drugs administered 
to produce an abortion. If this be true, she being quick with child, 
iis shown by the evidence, the child was killed also. Her death 
was caused by drugs deliberately administered, the effect of which 
clearly manifests an utter disregard for human life. The agency 
■employed was not only one from which death or great injury would 
probably result, but from which, considering its rapid operation, 
death would necessarily result. Either the physician who admin- 
istered the drug knew, or had every reason to suppose it would 
cause death; or should ha^e known it. Under either state of case 
he was guilty of murder, and .Tackson and AA' ailing w^ere, and are 
t^qually guilty as joint participators uudei' the Statute of Kentucky. 
All this must be conceded if the confessions are true. 

The confessions, however, are inconsistent and contradictory, 
utterly at war with every statement that each of the defendants 
made on the witness stand. It is urged that this should be over- 
looked, because thej' were then swearing for their lives. Conced- 
ing that their false statements were made to escape danger then 
pending, it may we\l be asked, how much greater is the danger which 
now confronts them when they stand iu the shadow of the gallows? 
If they are excusable for false swearing, then how much more are 
they excusable and how much more likely is it that they would 
«peak falsely, now? 

One of them says that the body was taken away in a cab ; the 
other that it was taken in a wagon. This conflict would be quite 
immaterial but for the fact that Jackson says they got INSIDE 
while Wagner drove. The contradiction, therefore, becomes ma- 
terial. Walling says that Wagner and Jackson removed the head, 
while Jackson says that A\'agner did it. 

The removal of the corset might have taken place to distribute 
the blood more generally throughout tlie system, or it may have 
been loosened when the injection was administered, and fell while 
the girl was being conveyed to the place where she was found. The 



80 PUBLIC DOCUMENTS OF 

whole confession bears a striking similarity to the testimony of 
George Jackson, for it is now admitted that the body was removed 
by both Jackson and Walling, and both were present when the girl 
was decapitated, thus destroying the defensive theory on the trial 
that the tracks were made by others than Jackson and Walling. 

The note or letter said by Walling to have been received from 
Dr. Wagner, asking that the clothing of Pearl Bryan be sent to him, 
and stating that she was under his care, is not produced, nor its 
absence in any way accounted for. Not only is the confession a 
contradiction of the evidence of both defendants, but a flat con- 
tradiction of the letter of Walling, sent me only a few days since, 
and claimed to have been written by him under sense of rapidly ap- 
proaching and impending death. 

These men have not only trifled with human life, but have trifled 
with the courts, trifled with the executiAC, and set at defiance the 
laws of God and man. 

If it be established that one criminal after such conduct as this, 
can by a mere pretended confession, obtain respite, then every other 
is entitled to like treatment, and this would result in frustrating 
justice, and bringing the execution of the laws into contempt. 

The wounded hand of Pearl Bryan solemnly and surely points to 
the fact that she was not dead when beheaded. That wound could 
have been inflicted only, when, during the terrible agony attending 
her decapitation, she raised her hand in order to ward off the cruel 
knife. 

Dr. Wagner is in the asylum, nnd is the man of all others by rea- 
son of his condition, at whose door defendants would naturally lay 
this terrible crime. To grant a respite in oi'der that the defendants 
might be used as witnesses to procure his conviction, would result 
in delay of at least a year, as experience in the trial of defendants 
has demonstrated. In view of various conflicts in defendants' state- 
ments, no jury could or would believe any statement that either of 
them might make, and consequently Wagner would not be con- 
victed. Such delay could result in no good, and would only add 
fuel to the flame, nnd furnish a fuither incentive to mob violence 
in this State. 

The claim that Walling was under the influence of Jackson and 
therefore deserves clemency', can not be considered. He showed 
himself the willing and ready assistant. Each of them has clearly 
exhibited a reckless disregard for human life. The confessions, 
taken in connection wiih facts and circumstances proven in the case, 



GOVERNOR WILLIAM O. BRADLEY. 81 

show that they committed an atrocious crime. Life is precious to 
them, but uo more so thau it was to their victim. Their poor 
mothers are entitled to sympathy, but to no more than tlie mother of 
Pearl Bryan. The law has been set at defiance, the fair name of 
Kentucky stained witii another bloody murder. Twelve men have 
passed upon the guilt of each. The circuit judge and appellate 
judges have affirmed their action. 

My oath is that "I will see that the laws are faithfully executed." 
The jury have fixed the penalty — I have a plain duty to perform. 
]t is not my province to make laws, but to enforce them; neither is 
it my i)rovince to fix the death penalty. Nor, is it proper that I 
should intervene to prevent its infliction when the law and the 
evidence authorize it. 

Eespite refused. 

(Signed.; WILLIAM O. BRADLEY, 

Governor of Kentucky. 



VETO OF BILL FOR BENEFIT OF MRS. EMMA C. SALYER. 



Commonwealth of Ken 
Executive Departmen 
Frankfort, Mav 



ENTUCKY, 1 

ment, > 

7 28, 1897. J 



To the Eonorahle Senate of KcnfueJqi: 

I can not approve Senate Bill No. 40, entitled ''An act for the 
benefit of Mrs. Emma C. Salyer, widow of the late J. P. Salyer." 
Senator Salyer did not attend the last session of the General As- 
sembly (called session 1897), and I do not think that mileage, sta- 
tionery account and salary should be voted to his widow for services 
not performed. 

Section 42, State Constitution, provides: "The members of the 
General Assembly shall severally receive from the State Treasury 
compensation for their ser/ices, which shall be five dollars a day 
during their attendance and fifteen (15) cents per mile for the nec- 
essary travel in going to and returning from the sessions of their 
respective Houses."' 

It was not the in't^tion of the framers of that instrument that 



82 PUBLIC DOCUMENTS OF 

any member should be })aid per diem or mileage who did not at- 
tend the session. If the law prohibits the member from receiving 
pay under circumstances stated, I am unable to see why another 
should receive it for him. Besides the bill is in conflict with 
section 3 of the Bill of Eights. 

The fact that legislation of a similar character has heretofore 
been indulged, can not justify the passage of this law. There should 
be an end to such legislation, especially in view of the present finan- 
cial condition of this State. 

The bill is therefore vetoed. 

(Signed.) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



ORDER GRANTING PARDON TO GEORGE DINNING. 

Commonwealth of Kentucky, ~| 

Executive Department, j- 

Frankfort, July 17, 1897. J 

The people in many sections of the State seem to feel a deep 
interest in this case, and petitions and letters from many localities 
have been received, asking for Dinning's pardon. The decision 
lias been delayed in order to obtain a copy of the evidenj^e and a 
statement from some of the persons present as to what was proven 
and done on the trial. 

Having inspected the evidence and other papers connected with 
the application, a most remarkable state of case is disclosed. 

In January last, between ten and .eleven o'clock at night, a 
band of twenty-five men, more or less, armed, the leader of whom 
was disguised with a handkerchief over his face, went as they say 
on ''a peaceful mission," to the humble home of Dinning, and noti- 
fied him to leave the county in ten days, it having been charged, as 
ihey said, that he was guilty of stealing. He denied the charge, 
and said he could prove by his neighbors that it was false. This did 
not appease nor satisfy the mob, a id he was again peremptorily 



GOVEh'XOJ! WILLIAM O. BlilDLFA'. 83 

ordered to leave iu teu days, and to go as far as fifty miles. The 
evidence up to this point is without contradiction. The members 
of the band say that they came with no intention to do him harm, 
and started away, when he, without any provocation, fired from a 
window above stairs and killed one of their number. That their 
captain then ordered them to "squat and fire in the direction from 
whence the shot cajne," which they did, and then retired with their 
comrade, who lived only a few moments. 

On the other hand. Dinning says, in which he is corroborated 
by one of his children, that after the notification to leave, shots 
were fired by the mob into the low^er story of the house, one of 
which struck him in the arm, that he then rushed up the stairway 
and threw ojjen the window of the second story, at which time he 
received another glancing shot in the forehead, and fired into the 
crowd. 

The testimony shows that an examination of Dinning disclosed 
the tw^o wounds. 

Witnesses living in the neighborhood say that they first heard 
three shots, which sounded as if they came from pistols or rifles, 
then a shot apparently from a shotgun, then a fusilade. 

It also appears that an examination the next Monday disclosed 
the fact that as many as three shots had been fired through the 
,loor below. On the day following the shooting, after Dinning 
learned that he had killed one of his assailants, he went to the 
county seat and surrendered to the officer of the law. An examina- 
tion was waived on account of prevailing excitement, and he was 
sent to Bowling Green, and afterwards to Louisville, for safe keep- 
ing. From the latter place, accompanied by two companies of the 
State Guard, he was taken back to Simpson county, the scene of 
the killing, and tried and sentenced to confinement in the penitenti- 
ary for seven years, and taken to the Eddyville Penitentiary. In 
a day or two after the killing his house was burned by incendiaries. 

When it is known that no indictment was ever found against 
any member of the band, or against any one who burned the house, 
and that the grand jury indicted Dinning mainly on the evidence of 
these self-confessed outlaws, the conviction is easily accounted for. 
Indeed, his conviction was procured almost entirely upon the evi- 
dence of his assailants. And yet they swear that when he asked 
who they were, they answ^ered through their disguised leader in a 
disguised voice, that thev were his friends. 



84 PUBLIC DOCUMENT a OF 

I have no doubt that tlie first sliots were fiied by the mob, be- 
cause : 

1st. Accoi'diug to their statements no shots appear to have been 
fired by them into any part of the house except into the windows 
above. The holes in the door below stairs is a fiat contradiction 
of their evidence. They were not fired through the door after the 
shots from the window were fired, hence they must have been fired 
before that time. 

2d, It is clearly shown that the moon was shining so that the 
men could be almost recognized; and that all of the twenty-five men, 
except five who remained in the road, were near the house. It is 
not reasonable to suppose that Dinning, with a shotgun loaded with 
small shot, would have fired upon twenty-five armed men except in 
a case of extreme necessity and when he had been previously as- 
saulted. 

8d. Although the defendant was an humble negro, without a 
friend capable of giving him material assistance, and although 
he had killed a member of a prominent and influential family, he 
voluntarily surrendered the next day. 

Surrounded by his wife and six small children, this poor and 
friendless man was ordered, without warrant of law, to leave his 
little home, after which his house was fired into and he wounded. 
He defended himself as every dictate of reason and humanity de- 
manded and justified. In protecting himself, he did no more than 
any other man would or should have done under the same circum- 
stances; and instead of being forced to w^ear a convict's garb, he is 
entitled not only to acquittal, but to the admiration of every citizen 
who loves good government, and desires the perpetuation of free 
institutions. 

Too long have mobs disgraced the fair name of Kentucky, and 
as long as I am Governor of the Commonwealth, no man, however 
obscure and friendless, shall be punished for killing a member of a 
mob who comes to take his life or drive him from his home. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



OOYERNOR WILLIAM 0. BRADLEY. 85 



MESSAGE TO GENERAL ASSEMBLY SESSION 1898. 



To Ihc General Assembly of the Commonwealth of Kentucky: 

In compliance with constitutional duty this message is com- 
municated, with the hope that — a United States Senator having 
been elected — important and needful legislation, which has been 
hitherto neglected, will now receive serious and thoughtful atten- 
tion. 



STATE INDEBTEDNESS. 

By authority of law enacted at the last session, the five hundred 
thousand dollars bonds were prepared and bids taken therefor. 
These bonds only bear 4 per cent, interest, payable semi-annually, 
and have but ten years to run, but, despite these facts, they were 
sold at a premium of 7.47 per cent. This is the best sale of State 
bonds ever made in the Union, outside of the State of New York. 

Below, is a])])en(l<"d a statement furnished by the Auditor, of the 
financial condition of the State on the last day of November, 1897, 
it being impossible to obtain a statement as of last of December for 
want of time: 

BONDED INDEBTEDNESS. 

Coupon Bonds, issued July 1, 1897, due ten years from 
date, bearing 4 per cent, interest, payable semi-an- 
nually 1500,000 00 

Certificates of indebtedness issued June 1, 1885, due 
June 1, 1905, bearing 4 per cent, interest, payable 

semi-annually 500,000 00 

A. & M. College and Normal School Bonds 1G5.000 00 

Old Kailroad Script ) .394 00 

Old 30-year issue (1835) - supposed to be lost . . 5,000 00 

Old issue from 1840 to 1846. . ) 1,000 00 
Educational Bonds, bearing 6 per cent, interest, paya- 
ble semi-annually out of Sinking Fund 2,312,590 86 



Total 13.483,990 86 



86 PUBLIC DOCUMENTii OF 

rLOATlNO DKJiT, PAST DUE, IS: 

Outstandiug warrants |1, 120,576 31 

Estimated unaudited claims 5,0U0 00 

Unpaid appropriations (1894) for asylum buildings. . . . 31,071 55 

Unpaid appropriation House- of Keform 100,000 00 

Unpaid appropriation Chattanooga Park 10,000 00 

Due asylums 2,700 00 

Deficit General Expenditure Fund 130,812 63 

Deficit Common School Fund 171,964 84 



Total 11,562,125 33 

Add bonded debt above 3,483,990 86 



Total indebtedness |5,046,116 19 



EESOURCES OF SINKING FUND ARE: 

Balance in Sinking Fund |462,252 72 

406 shares stock Bank of Louisville 24,360 00 

Turnpike stock , 100,000 00 



Total 1586,612 72 



After deducting the latter amount, the net amount of indebted- 
ness is 14,459,503.47, Of this amount the educational bonds are not 
subject to redemption, but constitute a perpetual debt, the interest 
upon which is payable semi-annually. 

It will be observed, that the stock in the Bank of Louisville has 
slightly decreased in value, while the turnpike stock, owing to the 
conduct of raiders, is estimated at only one-fourth of its former 
value. 

MOBS. 

To the shame of the Commonwealth, I am again compelled to call 
your attention to the fact that organized bands of lawless men have 
continued and are continuing their nefarious work throughout the 
State, notwithstanding the passage of legislation especialh- intended 
to prevent their operations. 

In Hancock county, in open day and without masks or even pre- 



GOVERNOR WILLIAM 0. BRADLEY. 87 

tense of secrecy, a uegio was forcibly taken from the jail and bung- 
on the public streets of Hawesville. liewards were promptly 
offered, but the coroner's jury, doubtless composed of blind men be- 
fore whom none but blind witnesses lestitied, returned a verdict that 
deceased had lost his life at the hands of persons unknown to them. 
There can be no excuse or palliation for the conduct of the brute 
who was swung into eternity, but nevertheless the mob, in hanging 
him, were guilty of murder. 

Such swift punishment is not attended by the anguish and suffer- 
ing endured by the condeumed criminal, and does not inspire the 
dread or terror of a legal execution. Doubtless, had the guilty 
wretch been given his choice of punishment, he would have selected 
that meted out to him. So that, in his illegal execution, the law 
was robbed of its viclinu the punishment inllicted less severe than 
it would otherwise have bee i, and the law violated and trampled 
under foot. 

As said in my inaugural, "mob violence (whose home is in the 
breasts of cowards) should be prevented at all hazard, or, if com- 
mitted, promptly and severely punished. It is an open declaration 
of contempt for the laws, the courts and the administration of 
justice, and, instead of promoting, destroys the welfare of the State. 
The commission of crime to punish crime can find no apologist in 
christian civilization." 

In this connection allow me to call your attention to the insufB- 
ciency of the law^ concerning an attempt to rape. In such cases, 
where the person assaulted receives injury, the law should provide 
punishment by confinement in the penitentiary for not less than ten 
years, or life, or by death, in the discretion of the jury, as the ex- 
tent of injury may demand. The fiend who makes an assault on a 
defenseless woman, with such a hellish purpose in view is equally 
guilty with him who accomplishes his purpose." But for the sake of 
law and order and the fair name of the Commonwealth, courts, 
rather than mobs, should punish him. 

Your attention is especially directed to the frequent occurrence 
of what is called "turnpike raids." Persons engaged in this char- 
acter of crime have become more emboldened, while law-abiding 
citizens seem to have become paralyzed. The Martin law, although 
well intended, has failed to accomplish its purpose. T have faith- 
fully tried to enforce it by offering rewards and employing detec- 
tives, but do not know of a single conviction under its provisions. 
On the contrary, in many localities public sentiment is reported 



88 PUBLIC DOCUMENTS OF 

as endorsing tbe crime. In nearly every instance where these crimes 
have been committed the vicious are loud-mouthed in approval, 
while peaceable citizens, more or less, are over-awed and afraid 
to speak. This appears strange in a State which boasts of the 
prowess of her sons. Nevertheless it is true. Be it said, how- 
ever, to the credit of Kentucky, that the citizens of the greater 
Dortion of the State condemn such high-handed outrages. I am 
satisfied that in numerous instances many of those who pose as 
good citizens have winked at this outlawry, because they supposed, 
the result would be the depreciation in value of turnpikes, and thus, 
enable the counties to purchase them at nominal prices, thereby pre- 
venting, in a large degree, the payment of taxes necessary to pur- 
chase them. Advantage has been taken by some of the fiscal courts 
of this condition of affairs, and counties have become beneficiaries of 
crime, which would liave not been committed but for the worthless- 
ness and cowardice of ollficials and the corruption of citizens, who 
openly countenanced the law breakers. Frequently, counties have 
voted for free turnY)ikes by large majorities and at the same time 
voted against the issuance of bonds to pay for them. In other 
words, they declare they will have free roads without making com- 
pensation. 

Under such circumstances, as might be expected, turnpike stock 
owned by the State, which was valued at |400,000 three years ago, 
and which produced nearly $24,000 dividends annually, is compara- 
tively worthless. 

In many places, turnpike oflicials fear to ask for guards lest 
iheir houses should be burned or they should be assassinated. In 
one case, the State Inspector was sent to the scene of trouble to make 
the application for guards, but on hi;; arrival was notified by the 
former gate-keepers that they would HDt collect toll because of fear 
that the guards would not protect them, or that the guards would 
be soon withdrawn, when they would be killed. It is very clear in 
many places that i)eace officers are in sympathy with the mob, in 
others, that they prefer that the outrages should continue and the 
turnpikes be bought for a song, rather than the county should be 
taxed to pay for guards, and in others, that guards can not be found 
who have the courage or desire to do their duty. Again, the friends 
and relations of the raiders, and in some instances the raideiS- 
themselves, have been appointed as guards and promptly surrend- 
ered to the outlaws. Arbitrary prices, merely nominal, have been 
placed upon some of the roads, and the owners notified that they 
must accept them or be forced to cease the collection of toll. But, 
in all localities the counties have seen that pikes were assessed 



GOVERNOR WILLIAM 0. BRADLEY. 89 

at good values and taxes promptly collected. In one instance the 
raiders carried their work to its proper conclusion by robbing the 
gate-keeper of the tolls. 

This evil, so long continued, is seeking other fields of operation. 
It naturally occurs to the raiders that if tollgates can be taken with 
impunity, all other i)roperty can be taken in like manner. And so 
it is, these knights of tiie road have undertaken to regulate the 
([uantity of tobacco the farmer should cultivate, destroying his 
plants if he dared to disobey; have notified the miller that he should 
charge no more foi' flour than the price flxed by them; threatened 
with the shotgun and the torch farmers who had posted their lands, 
if the boards were not tnken down and they allowed to hunt with- 
out hindrance; and. notwithstanding all this high-handed conduct, 
not one of the rutlfians has been punished. 

Candidates for office have been known to openly champion these 
criminals in order to be, and have thereby been elected; while 
those who have stood for good government have almost universally 
gone down in defeat. 

If this spirit is not stamped out the day is not far distant when 
the State will be completely under the control of swash-bucklers and 
highw\ay robbers, who will rob, steal and murder at will. 

The stock in turnpikes owned by the State was bought with taxes 
assessed upon the whole people, and was thereafter set apart as a 
portion of the sinking fund, and under the provisions of the Consti- 
tution can not be diminished by act of the Legislature until the debt 
of the Commonwealth is paid. Thousands of public-spirited citi- 
zens, and in many instances widows, and the guardians of or- 
phans, have invested in these stocks, relying on. the laws of the 
State and their enforcement, for protection. 

Granting, for argument's sake, that free roads are desirable, it by 
no means follows that their owners should be robbed and plundered. 

You are now boldly confronted with the question, whether these 
v^rimes are to continue, or whether the State has the will and the 
power to protect the lives and property of its citizens. 

In January, 189G. I recommended in a general message, and after- 
wai'ds at that session in a special message, and again at the late 
called session, the passage of a law making the counties where mob 
violence prevailed responsible in damages to the widows, children 
or heirs of persons killed, and responsible to those injured in person 
or j)roperty. This law has proven salutary in every State of the 
T'nion where it has been enacted. With it, should be connected the 
absolute right to change of venue, so that trials may be had by 



90 FUBLIC DOC U MENUS OF 

uuprejudiced juries iii unprejudiced communities. I have been in- 
formed, that among- other contentions which prevented the adoption 
of such a statute, it was asserted that corporations would burn 
their property, or prevent the collection of tolls in order to sue 
the counties, and that persons would have their relatives killed 
in order to recover damages from the county. These objections are 
puerile. The agents or einployes of corporations, of course, would be 
punishable for such crimes, and in such cases no recovery could be 
had; and with the present disposition to obtain turnpikes at nom- 
inal prices, it may be safely assumed that extravagant verdicts 
would not be rendered. JJesides, if the owners of the roads were pro- 
tected in their rights they would have no disposition to destroy 
their property, or, if they did, could not carry it into execution 
without great risk of total loss. The other objection does not merit 
discussion. Whenever counties are made responsible for the action 
of mobs, those who pay the taxes will see that the law is en- 
forced, and the bond of sympathy between the raider and the tax- 
payer will be forever broken. 

I again recommend the passage of a law of this character. And, 
in addition, in order that the Martin law may be enforced, it is 
recommended, that authority be given, where life or property is 
threatened, to county judges, in other counties than those where such 
threats are made, on application, to appoint guards from such local- 
ity as they deem best, and send them into the counties where the 
danger is apprehended. And where persons can not be found who 
are willing to make an application for guards, or when guards are 
not furnished on application, or, when appointed, refuse or fail to act; 
or when persons can not be found who will collect toll, I recom- 
mend that the Chief Executive of the State be empowered to place 
troops at the gates, with the right to collect tolls and account to the 
proper authority, to be retained on duty by him as long as he thinks 
necessary. It is unjust that counties which are at peace should be 
compelled to assist in paying for State troops so employed. In every 
instance where they have been, or may be so employed, the county 
where they have acted should be compelled to bear the burden. 
This may be said to be a severe and costly remedy, but it is better 
by far than the prevalence of anarchy. 

No one more deeply deplores the present condition of affairs than 
myself, and to no one is it more painful to make such a confession, 
but when human life is so cheap, when millions of dollars that would 
otherwise seek investment in Kentucky are being turned into other 



GOVERNOR WILLIAM 0. BRiDLEY. 91 

channels, when we are boeoniiiig a spectacle in the eyes of the 
people of other States and other countries, not only love ft)r my 
native State, but official duty, demands plain speech and prompt 
and severe action. 

ECONOMY AND RETKENCHMENT. 

It is idle to talk of economy in the public service as long as 
extravagance is suffered to continue. It is better to curtail expenses 
than to increase taxes. Hitherto the attention of your predecessors 
has been called to this matter without success. I hope, however, 
tliat diilerent action will be had by you. 

Useless offices should be abolished. The Bureau of Agriculture 
has been fully tested, and if common experience and general opinion 
iire worth anything, has fallen far short of accomplishing any 
material good. Yet thousands of dollars are expended annually to 
carry out its puii)Oses. This can be abolished only by constitutional 
amendment, which I recommend may be done. 

Register of the Land Office entails an expense of thousands of 
dollars each year, without corresponding benefit. The framers of 
the last Constitution contemplated its repeal, as shown by the 
provisions of that instrument. It is doubtful whether there is any 
vacant land in the State, and the main business of the office is to 
issue patents for land already patented and encumber the dockets 
with litigation. It could be easily consolidated with the auditor's 
office and its work fully discharged by one clerk, at an annual 
salary of |1,200. 

The present salaries are in nearly ever}- instance twice as much as 
they were at the conclusion of the war, when the premium on gold 
was greater than ever before. ' There is no reason why such a con- 
dition of affairs should exist. Parsimony in salaries is not desirable, 
on the other hand, extravagance should not be tolerated. 

Perhaps the most exhausting drain on the treasury is "Crimi- 
nal Expenditures.'' In this are comprised jury fees, witness fees, 
sheriffs, marshals, jailers and constables' fees, costs of examining 
courts, etc., etc. 

These expenditures arc constantly increasing and under the pres- 
ent* system will continue to increase. 

Much of the expense grows out of postponement of trials, con- 
tinuances and hung juries. The latter, frequently more than dupli- 
cate the fees of witnesses, sherifTs, juries, etc. Not only so, in 



92 PUBLIC DOCUMENTS OF i 

this way prosecutions are worn out and man}- guilty men are 
acquitted. 

These disagreements, almost universally, grow out of indispo- 
sition to inflict the death penalty, or differences of opinion as to the 
extent of punishment. In the United States Courts and the courts- 
of nearly every State in the Ii^nion, this difficulty is largely obvi- 
ated by laws empowering the jury to pass alone on the question of 
guilt and its degree, and conferring power on the court to fix the 
punishment. 

Witness fees during the last fiscal year amounted to -f 5'^,000. By 
I'roper legislation this branch of expenditure can be materially re- 
duced. The witness who is forced to travel from remote portions 
of the county to the county seat is paid exactly the same fee as the 
witness who resides in the county seat. One dollar per day, if 
enough compensation to the former, is certainly too much for the 
latter. Witnesses living within five miles of the courthouse should 
not receive any pay; those residing ten miles distant should be paid 
fifty cents per day; and those in the county, whose residences are 
more than ten miles distant from the courthouse, should receive |1 
per diem. 

In many cases warrants are issued charging grand larceny, when 
the offense is well known to be petit larceny. Tender these circum- 
stances, sheriffs are allowed twenty cents for summoning each wit- 
ness, and $2 for arresting the defendant, while the examining court 
is allowed |2 for each day, or not exceeding |4 for presiding in 
each case. W'henever the defendant is not held over for grand 
larceny none of these fees should be paid, and thus a material sav- 
ing will result in sheriffs, constables and examining court fees, 
as also commitments by jailers pending tr'al. The fees of sheriffs, 
constables, marshals and policemen amounted to |44,F00. and those 
of examining courts to |14.424 for the last fiscal year. 

As to examining courts, it is quite a common practice to hold a 
number of examinations on the same day and charge -f2 in each 
case. 

The intention of the law was. to allow a fee of |2 per day for each 
day consumed, and it should be so amended as to allow |2 for each 
day of eight hours or less, with a distinct prohibition against allow- 
ing any more than |2, however many cases may be inquired into on 
that day, and wiiere more than one case can be tried in one day, to 
require it to be done. It should be made the duty of the county 
attorney, under penalty, to investigate and make report concerning 
This class of cases. 



GOVERNOR WILLIAM O. BRADLEY. 93 

Jailer«' le>'s diu-iny tJie last liscal year aiuoiinted to |12G,024. As 
already stated, souk,' of this aiiioiiut was paid in cases where persons 
were arrested and committed for urand hirccny, wlien guilty of j)etit 
larceny only. The cost of clothing', feeding, lodging, guarding and 
doctoring the convicts in the State penitentiary, including the sala- 
ries of all officials, is only 25 cents per cajnta each day. It may be 
true, that owing to the immense quantities purchased, prices are ma 
terially lower than in cases where only small purchases are made. 
Tut if all this can be done at so small a figure, certainly prisoners 
in jails could be kept at much less than lifty cents j)er day. It may 
be said that in many instances, owing to small amount of business, 
competent men could not be found who would act as jailer. This 
can be easily remedied. The present Constitution, section 103, 
gives your honorable body the right, at any time, to consolidate the 
offices of jailer and sherifl' in any county, as you may deem ex- 
pedient, in which case the office of sheriff shall be retained, and 
the sheriff required to perform the duties of jailer. This rule has 
been followed in manj- of the States and x^i'oven both convenient 
and economical. I recommend that advantage be taken of this 
section, all fees for commitment repealed and 80 cents per day al- 
lowed for board of the x>risoners, except in cities where salaries are 
fixed. 

The laws are too lax regulating the reports of county officers to 
the circuit judge and the allowances by judges of claims against 
the Commonwealth. All county officers and all claimants should 
be required to file reports and claims in writing, properly verified, 
on the first day of each Circuit Court, the same to lie over for inves- 
tigation until a day set apart by the court as "claim day," at which 
time they should be acted on. Claims accruing during the court 
might be filed on the last day of the court and passed upon that day. 

During the two last fiscal years there w'as paid for pro tem. 
judges of the Circuit Court the sum of |18,851. Of this amount, 
in Judge Patton's district there was paid .f.3,447. while in the Chan- 
cery Division of the Jefl'erson Circuit Court (Judge Edwards), there 
was paid |3,392. 

This is accounted for by the continued illness and incapacity of 
these judges to serve. More stringent laws should be enacted to 
curtail this abuse, and in cases of protracted inability to serve after 
a certain period, no salary should be paid to the regular incumbent. 
Ko officer has the right to become a charge on the Commonwealth. 

The employment of guards in conveyance of convicts is another 



94 PUBLIC DOCVMENTH OF 

serious depletion of the Treasury. Duiing the last fiscal year the 
expenditures amounted to |0,D27. Under the present law it has been 
held that guards are entitled in such cases to ten cents per mile 
going and returning. In my judgment the intention of the statute 
was to allow ten cents per mile one way, which is amply sufficient. 
An illustration will show the extravagance of present fees. A trip 
is made from Louisville to Frankfort and return in one day, dis- 
tance both ways one hundred and ten miles. One guard is allowed 
for every two prisoners. Twenty prisoners, with ten guards, are 
brought to Frankfoi't, and each guai'd obtains from the State fll. 
After paying his railroad fare of |3..30 he has, as the result of his 
day's work, 17.70. The amount paid the ten guards would be |77 for 
one day's work. To pay ten cents a mile one way would pay each one 
of them over and above fare .f2.20 for the day, I recommend that 
fees shall be fixed in such cases at ten cents per mile one way. By 
properly confining prisoners, when the transportation is by rail, 
one guard should be able to bring from three to five prisoners, except 
in cases where rescue or assault is apprehended, in which event, the 
circuit or county judge might increase the number. 

Under the present laws, a large number of persons are yearly sent 
to the penitentiary, who should be fined and compelled to w^ork out 
the same on the county roads. The minimum value of an article 
stolen must be 120 in order to constitute grand larceny, while if an 
individual should obtain a ten cent beef-steak under false pretenses, 
or embezzle |.5 from an employer, or forge a paper for |1, the crime 
is punished b}^ confinement in the penitentiary for a period of one 
year or more. There is no difference in the degree of these crimes, 
and it is most earnestly recommended that the minimum value of 
$^20 be made applicable to all cases of the character named. By com- 
pelling the criminals to work out their fines upon the county roads, 
the large expense of transporting them to and confining them in the 
penitentiary, and the erection of additional cell-houses at an early 
day, may be avoided. Besides, the punishment in many of the cases 
referred to is too severe and accomplishes no good. 

Should the foregoing recommendations be adopted the State will 
be saved many thousauds of dollars annually, and the offenders 
compelled to work the county loads instead of being imprisoned in 
the penitentiary, at heavy expense in the way of trans])ortation and 
costs attending arrest, trial and confinement. It is now apparent 
that additional cell-room will soon be necessary at both the peniten^ 
tiaries. This expense w ould be saved the State should these recom- 
mendcitions be adopted. 



GOVERNOR WILLIAM 0. BRADLEY. 95 

TENITENTIARIES. 

Shortly after the present administration came into power, the 
contract with the Frankfort Chair Company was forfeited by the 
directors of the penitentiary on account of the company's failure 
and refusal to pay its indebtedness to the State, and the. inability, 
by reason of that fact, of the directors to continue operations. The 
large amount of floating debt then owing, and which could not be 
paid for the lack of funds in the Treasury, rendered it imperative in 
carrying on the work at the penitentiary, to collect from the com- 
pany all money due. There was no other source from which the 
funds needful to pay operating expenses could be had. In this con- 
dition of affairs the company demanded that the directors should 
not appoint a superintendent whom they had selected. This de- 
mand was disregarded, whereupon the company purchased, at a dis- 
count, suflflcient amount of warrants owing by the State to cover 
tlieir indebtedness, and offered same to the auditor in payment, re- 
fusing to pay a single dollar in money. By their own action they 
terminated the contract. 

It then became necessary to advertise for bids for convict labor, 
which was done promptly, resulting in what is known as the ''Mar- 
tin contract," for the employment of 050 men. Considerable com- 
plications have grown out of this contract, and, in order that the 
real merits of the transaction might be understood, I ordered State 
Inspector Lester to make a careful examination of the working of 
the same, and for that i)urpose authorized him to employ an expert 
accountant. His report will be placed before you, and will doubt- 
less have your close study and attention. 

The contract has not realized the money w^hich it was thought it 
would at the time it was made, and there is now a controversy be- 
tween the State and Mr. Martin, in which the former claims that 
the latter owes the additional sum of ?23,0fl0. 

Following closely upon the termination of the contract with the 
J'rankfort Chair Company came the destruction of the workshops 
at Eddyville, by fire. This threw out of employment a large num- 
ber of convicts, and the Mason & Foard Company declined to engage 
further in business at that penitentiary excej»t to work up a small 
quantity of material on hand, but agreed to and did hire 400 con- 
victs, at 35 cents each per day, to be employed in the manufacture 
of shoes and brooms, at the Frankfort penitentiary, provided, that 
the portion of the shops destroyed by lire prior to December, 
1895, should be rebuilt, and an additional building erected. 



m PUBLIC DOCUMENTS OF 

Under great difficulties the shops were constructed, and, in addi- 
tion to this, an expenditure of nearly |1 0,000 made in equipping 
the Frankfort penitentiaiy with machinery. That penitentiary is 
now better equipped with machinery and better prepared to make 
convict labor profitable than at any time in the past. 

After the burning of the shops at Eddyville, the Mason & Foard 
Company agreed to retain not more than 35 convicts, at 35 cents 
each per day, to complete the manufacturing of some spoke timber. 
For a short while this contract continued, work being done in an 
old shed that had escaped the fire. 

In March, 1897. a temporary workshop, costing some $900, was 
erected, and from 75 to 150 convicts were leased to the Leonard, Tay- 
lor Company, for 35 ceuts each per day, to engage in the manufact- 
ure of clothing. 

The last (general Assembly having failed to make any appropria- 
lion, the directors were left with a large number of idle convicts on 
hand at Eddyville, and no shop in which to employ them. Never- 
theless, the directors advertised for the labor of not less than 150 
noi' more than 300 convicts, when the Leonard, Taylor Company 
made a bid of 35 cents per head for the convicts per day, to be used 
in the manufacturing of clothing. Being unable to work these men 
v\itliout shops, the dii-ectors persuaded the Leonard, Taylor Com- 
pany, on June 11, 1S97, to agree that they would advance the money 
necessary to erect the shop, charging 6 per cent, interest on the 
same, and take in jiaymeiit the labor of the convicts. After this 
contract was completed , the directors advertised for the erection of 
ihe workshop, and the contract was awarded to F. W. Katterjohn 
«X: Sons at .if23,000, they agreeing to employ such convicts as were 
qualified, in constructing the building at |1 per day each, in part 
payment. The building should have been completed by the 1st day 
of December, 1897, but owing to unavoidable delay, as claimed by 
the contractors, is not yet completed, they, however, forfeiting |25 
for each day of delay. In a short while it will be completed, and we 
will then have as many as 1,350 convicts at work, leaving unem- 
ployed only those who are unable to labor, and who may be neces- 
sary to attend to ])rison duties. 

The sanitary condition of both penitentiaries has been materially 
improved, the prisoners humanely treated, well fed and clothed, 
and the grounds extensively beautified. 

1 suggest that an appiopriation be made to pay for the workshop 
.at Eddyville, and thus save the payment of interest by the State. 

It should have been stated, that in making of all the contracts 



GOTERKOK MILLIAJf O. BRADLEY. 9T 

the directors reserved control of convicts, and that the State feeds 
and clothes them. 

Your attention is called to the danger of fire in these institutions. 
TJie loss at the Frankfort penitentiary especially, in case of such 
<;alamity, would be enoi-mous. In the chair business it is necessary 
that large quantities of raw lumber should be constantly kepr in 
stock, and also large quantities of lumber, more or less in a manu- 
factured condition. Insurance companies will take but limited 
risks on this property, and then only at enormous rates. A com- 
paratively recent invention, known as (he "Grinn^ll Sprinkler," has 
been tested with great profit and satisfaction by many of the large 
manufacturies and business houses in this and other States. The 
contrivance is so arranged that when a given degree of heat is gen- 
erated the plugs in the pipes placed in the ceiling fall out and 
the water pours down upon and extinguishes the flames. The uni- 
\ersal verdict of those who have used it is, that serious damage by 
lire is rendered impossible, and insurance can be had at compara- 
tively nominal rates. The. cost of equipping the shops at Frank- 
fort with this sprinkler would be about .f^lO.OOO. In the event it 
should be purchased, the Mason ^: Foard Company have agre"d to 
pay the State near|150 annually by reason of theprotection afforded 
their property. I recommend that an appropriation be made to give 
this much-needed protection to the property of the State, and be- 
lieve decreased rates of insurance will in a short while recompense 
the outlay. 

The directors of the penitentiary at Frankfort are now paying for 
water the enormous sum of |5,000 per year. The Water Company 
claims that it is charging no more than the usual rate, and that the 
charge is reasonable. On the other hand, it is believed by some of 
the directors that the charge is exorbitant, and permission has 
been obtained from the city council of Frankfort to lay mains and 
pipes so as to convey water to the penitent'ary and other public 
buildings. The council, however, required bond from the d'rectors 
that the city shall be held harmless against all claims for damages 
growing out of the exercise of the privilege granted. The dirertors 
<-annot officially give such a bond, and do not care, as individuals, 
to assume the liability. 

I suggest, that you investigate these matters through committees, 
und take such action as you believe the interests of the State de- 
mand. 



I'UBL I (. ■ DOC 1 .1/ y; \ TS itF 



CHAKITA r.LK IXSTITTTIOXS. 



Our Charitabli' Institutions aie in a most thriving condition. The 
total ('xpcnsos of the asylums for six months of 1895, and corres- 
ponding;; months of 1S!M». arc: 

18!)5. 1890. 

\\ estein Asylum I 4(),;i(K} ()(; % i^,H?y 54 

Central Asylum 82,800 01 77,785 52 

Eastern Asylum 70,228 80 53,050 92 

.Totals 1198,837 93 |175,220 98 



Showing a decrease of |23,010.95, and an average decrease in per 
capita of $11.35. The large saving at the Eastern Asylum is in 
part due to the reduction of salaries of employees, no reduction hav- 
ing been made at the others. Taking into consideration the fact» 
that during the latter period a large amount of interest was paid in 
order to obtain money on warrants, there being no money in the 
Treasury, it is quite clear when the State is ready to make prompt 
]>ayment. the per capita may bo ])ermanently and materially re- 
duced. 

In addition to the decrease in expenditures, it is proper to add, 
that at the Centi-al Asylum an additional .f 10,000 saved from time to 
time, has been invested in an ice planr which will furnish all the 
ice for the institution, and by the sale of ice to the adjoining town 
of Anchorage, pay the running expenses. 

The Blind Asylum, through its excellent management, has saved 
fl7,000, which is now being used in the construction of additional 
buildings and remodeling the old one. 

The Deaf and Dumb Institute has labored under great difficulties 
tor the want of necessary room, but the management" has been first- 
class in every way. I recommend an appropriation for its enlarge- 
ment. This institution has accomplished great good in graduating 
many accomplished men and women, whose condition of life other- 
wise would have been i)itiable. 

The Feeble-minded Institute has been conducted well, but has^ 
met with serious misfortune. The main building was destroyed by 
fire, and the children removed into the temporary structure erected 
some years ago when the first main building was destroyed. Shortly 
after the removal, the temporary structure was burnt-d and the 



GO\j:h'\<H.' WII.I.IWI (). lih'MH.KV. <|9 

c-hildi'eii removed to the W'alcoti icsidciii. wliicli was rented for 
Ihe purpose. The i'oinniissioners, however, willi coininendable 
prudence had insured the hnihliiijis, from whieli irsurance they 
collected a sutlicient amount to construct a new edifice. whi<'h is 
now complete, fulh' equal, if not superior, to that destroyed. Aside 
from these untoward ev(>nts the institution lias been manitalned at 
greatly reduced expense. 

The Charitable Institutions of the State are well officered and ai-e 
moving alonji: harmoniously .md successfully, save some immaterial 
ditlerences in that last named, and will compare favorably with 
their management in any jjcriod of th(^ j)ast. The health of the 
patients has been unusually good, exce})t at the Kastein Asylnm, 
where an epidemic of typhoid fever has prevailed, caused in the 
main by defective sewerage. It is recommended, that an appro- 
priation be made to remedy the diliHculty. Again, your attention 
is called to the condition of sew<Mage at the Central Asylum. Foi' 
quite a long while, o\ving to its defective condition. nunuM-ous law 
suits have been instil ut(>d against the State, and constant and 
energetic complaint nutde by citizens contiguous to the priMuises. 
An appropriation should be made to remove complaint and prevent 
injustice to the injured citizens. The reports of the various su{)erin- 
tendents are before you, and to their critical inspection youi- atten- 
tion is most earnestly called. 

norsKs OF rkforji. 

I again urge upon your hoiKuable body such legislation as will 
carry into effect the present statute concerning houses of reform. 
The auditor is of opinion that, as the approi)riation of |1 00,0(10 
i« to be paid "out of any funds in the State Ti-easury not other- 
wise api)ropriated/' the general expenses and sj)ecific a]>propria- 
lions must first be jtaid, and as these, owing to the accumulation 
of a large floating debt brought over from the last administration, 
will consume all the revenue collected, that he has n(» authorit.v 
now to issue a. warrant to construct the houses of ief<»rm. It is 
recommended that you so amend the statute as to provide specilically 
for the issual of a warrant, in order that this great work may be 
speedily comideted. I have fr(M»ly exercised the pardoning powei- 
in behalf of children confined in the ])enitentiary, but in some 
instances have been compelled to deny it, because of assurances from 
good citizens that the children were so vicious it would be unsafe 1o 
turn them loose on th<' community. So it is, these unfortnnates 



100 PI liLic noc[y i:\Ts or 

who ijiif^lit bo leclainR'd by proper tiaiiiiii^, are gi'^^^^^iiiS older in 
crime every day, and the evil is without remedy. A house of re- 
form should be completed at the earliest moment. The bill jasserf 
pioviding for them, is well considered and ably drawn, but experi 
L-nce has proven the necessity for some slight amendments. 

Considering the present financial condition of the State, it- is 
suggested that only one of these institutions be erected for the 
present, in which, by pro])er management, the inmates may be kept 
.sej)arate from each other; the other to be erected as soon as neces- 
sity requires it. 

Much confusion has grown out of the number of commissioners 
]»rovided for. The six are frequently evenly divided, and on tliis 
Account their efficienc^ destroyed. The right to appoint another 
commissioner would remedy this trouble. 

BOARD OF CHARITIES AND CORRECTIONS. 

The charitable and penal institutions of the Common vvoaitb 
should be placed on a thoroughly nonpartisan basis, and officers ap- 
pointed on account of their especial fitness and experience. Such 
a system prevails in many States of the Union and in every instance 
lias proven most beneficial. Charities should not be used to pro- 
mote political ends. Such a practice most frequently results in 
■''stealing the livery of heaven to serve the devil in." 

No particular party is responsible for the prevalence of the rule in 
Kentucky, but each and all are to blame for it. By reason of this 
system, at the end of every four years, the successful candidates, 
desirous ,to reward their friends, turn out of office those who have 
acquired experience and substitute others to whom the duties are 
entirely novel. In this way, the State is loser during the time that 
The new officials are acquainting themselves with their duties. If 
any of the great mercantile concerns of the country were told that 
every four years they should select a new set of officers and clerks, 
not one would agree to continue in business, and if such an experi- 
ment should be tried, it would end in banki'uptcy. 

For years, there has been complaint in this State concerning the 
management of charitable and penal institutions. IIow could it be 
expected that these great interests should thrive, as they deserve, 
A\hen inexperienced men are so frequently in control. If a change 
is to be effected, some one must inaugurate the movement, and, with 
The interest of the State far above party ties, I earnestly call your 
ijittention to this great wrong, and recommend i!s discontinuance. 



GOVERXO/,' MIIJAMI 0. ItRADI.FA. 101 

It is suogested that legislation should be adopted providing for the 
appointment of three commissioners on the Board of Charities and 
Corrections. They should be selected purely on account of supe- 
rior qualification and experience, and the board made as nearly non- 
partisan as possible. If necessary, the appointments t^hould be 
made from any State in the Union. These commissioners should 
look after the selection of officials to oi)erate the various institu- 
tions and recommend them to the Governor for appointment, having 
in view qualification and experience alone, and in addition, should 
carefully look aftei- the business and financial interests of each af 
the institutions, They and the persons recommended by them 
should be appointed by the Governor subject to confirmation by the 
Senate; and in order to procure suitable commis-;ioners, provisions 
should be made for reasonable and proper salaries, and they (com- 
missioners and officers of the asylums and penitentiaries), when 
confirmed should be retained in office during competency and good 
behavior. 

The law should be made to take effect 1st of January, 1899, be 
cause it would be an injustice to those now in office, who gave uj) 
their business in order to take positions which they supposed they 
would hold until the end of the term, and who are doing good work 
for the State, to be turned out. When the law becomes operative, 
selections might 1 nny persons who 

have held these offices in the past and proven themselves to be 
especially adapted to the work. Of course, if there are any incom- 
petents now in office th"^• \\ rl- bo removed. 

It was a serious mistake in the beginning to place the mana-xe- 
ment of prisons in the hands of the Sink'ng Fund Commissioners as 
directors of the penitentiary. In nearly every instance the State 
officers, who constitute this commission, have all they can do to at- 
tend properly to the duties of their several offices. In not one case 
out of a hundred, have they any experience regarding the operation 
of prisons. The duties of the Governor, Attorney-General, Auditor 
and Treasurer are onerous, and their proper discharge demands 
their whole time and attention. The consequence is that, in at- 
tempting to discharge the duties of the two positions, tin y will nec- 
essarily neglect the duties of one of them. Besides, they have so 
many friends to reward, in the exuberance of their gratitude, in- 
firmities of ai)plican(s are overlooked at the expense of the State. 



102 PUBLIC DOCUMENTS OF 

PUBLIC BUILDINGS. 

^Vllile I believe in practicing; the strictest economy, I am sure 
there is no economy in failing- to provide necessary public build 
ings. 

Kentucky, probably has the most indifferent capitol of any State 
in the Union, save some of them that have been recently admitted. 
The dignity and position of the State demands energetic and effici- 
ent action in this behalf. The ceiling of the present appellate court 
room has in the last few years been propped with iron ])illars in 
t)rder to prevent its fall, and only a few days have elapsed since a 
considerable portion of the ceiling in the Hall of Representatives, 
fell. 

Not only are our public buildings dangerous. l)ut there is not 
sufficient room in which to transact with rapidity or comfort the 
business of the State. There is an absence of committee rooms, 
offices for the judges of the court of appeals and other State officers. 
The executive office, after tlie placing of necessary furniture, will not 
allow the admission of a legislative committee, and the treasurer's 
office is even worse. The records of the coui-t of appeals, which 
have been twice destroyed, are kept in an office which is liable 1o be 
burned at any time, the library is scattered all over the three build- 
ings and some of it stored in the cellars — in shoi-t, there are substan- 
tially no accommodations. 

As to the Executive Mansion, for ^ears its lower floors have been 
propped to prevent them from falling, and ir required more than 
seven thousand feet of weather strips to make it comfortable in the 
winter of 1895-6. The present site is disagreeable, the view from 
one side overlooking the gloomy walls of the pojiitentiarv. and fr<mi 
another the smoke stack of a large flouring mill near by. 

In my first message, the attention of the General Assembly was 
directed to this subject, and as under the constitution the State had 
the right to employ convict labor on its ])ublic works, and as there 
was then a large number of idle convicts, it was suggested that they 
should be utilized in the construction of a Capitol. No action, 
however, was taken. 

There is no economy in constantly improving worthless buildini?s. 
The executive lot can be sold for half enough to buy an eligible and 
comfortable structure. 

I urge your honorable body to take the necessary steps im- 
mediately htoking to the erection of new and suitable State build- 
ings. 



GOVERNOn WIfjLTAM 0. BRADLEY. 10* 

If, however, you do no( think this advisable, there should at any 
rate be a fire proof library building and clerk's office erected ii; 
order that the ])ublic records and books may be preserved. 

EDUCATION. 

While education tan not, of itself, invest the citizen with honesty 
iind patriotism unless his innate consciousness is right, yet it ena 
bles him to sec more plainly and discharge more wisely every public 
duty, and gives him a more comprehensive grasp of all the great 
principles that underlie our structure of government. The common 
school system is the nursery of liberty, and everything should be 
ilone that is calculated to improve and enlarge it. .Much progress 
has been made in this direction, but there is room for greater ad- 
Aancement. 

The State tax is as liberal as the present financial condition will 
allow. Local taxation, liowever, has proven, by no means suflBcient, 
and our system in that respect is far behind that of many States 
of the Union. I repeat the language of my first message, that "'this 
comparative failure of local taxation is doubtless, in part, due to the 
Nmall and isolated districts in many sections of the State. This 
trouble might be materially lessened by levying local taxation on 
counties and dividing the amount thus secured per capita among the 
various districts; or much good might be accomplished by making 
magisterial districts units for taxation, with divisions per capita 
among school districts therein contained. In either case, there 
should be one competent member of the County Board of Education 
in the district, who, with the other members of the County Board 
of Education and county superintendent, as chairman, might act. 
Members of this county board should possess certain specified qual 
ifications and have general su])ervision of educational affairs in 
their respective districts; the entire board, however, to have control 
of affairs in the coimty, and to meet at stated times and adopt rules 
for the educational afTaii's of the county, as well as the ('m])loymcnt 
of teachers for the several districts. The compensation of these 
members should be nominal, by releasing them from per cajiita tax, 
road service, etc. Owing to tlu^ contentions that have giown out of 
elections, in many instances, of incompetent trustees, the (Miiploy 
ment of teachers, etc., this change would doubtless prove very bene 
ficial. The present trustee system should be abolished. In each 
sub-district as now organized there should be one trustee charged 
with minor affairs. He might nominatv' t(sn*hers for the sub-dis- 



104 PUBLIC DOClMEyTS OF 

tpict in which he lives, subject to the approval of the county board, 
and these trustees chosen by election. 

"Something vshould be done also to secure better attendance. 
Doubtless, improved schoolliouses and accommodations, and more 
local aid, would, to some extent, assist in this matter. By all means, 
there should be established and maintained a minimum school 
term of not less than seven months in every district in the State. 

"It is claimed that Kentucky pays twice as much for school books 
as States north of us. If this be true, such laws should be enacted 
as will remedy it. If uniformity in text-books should be required, 
the prices would be necessarily reduced." 

And among othei ention is called to better 

school facilities for the negroes. The old common school law, which 
levied a tax upon blacks and whites to be used separately for each 
race, was held unconstitutional, and after a vote by the people, the 
fund was divided equally per capita. 

We now have a.n excellent system of graded schools for the 
whites, but very poor for the negroes. The same objectionable 
feature of the old common school law has found lodgment in the 
graded school system, and only that portion of the i>roceeds for such 
schools goes to the colored people which arises from their taxes. 
Owing to their comparative poverty this sum amounts generally to a 
pittance. I believe this law will be declared unconstitutional when 
the test is made, and recommend that legislation be now had to 
avoid any such difficulty. It is worse than idle to say that the ne- 
goes should erect their own graded schools. Having lived in slavery 
for so many years, and given their labor without recompense to the 
white man, it comes with a poor grace to reproach them with their 
■povert.y. As well might it be said that the common school system 
should be dissolved because of the poverty of so many whites. 

The negro ns a citizen, by pro])er attention, can be made useful, 
or by neglect rendered vicious and dangerous. Armed as he is 
with the ballot, his voice is as potent as the white man's in all 
governmental 'affairs. Eveiy instinct of self-preservation, every in- 
stinct of humanity, inquires that he should be given the fullest 
opportunity to improve, both nuntally and morally, and the failure 
to grant these oppoi'tunities endangers our 'institutions. 

The present nor-nial school, near Frankfoit, has borne good fruit. 
The accomplished president has laid his report before you, to which 
t^special attention is 'called. His contention concerning the division 
of the A. & M. College fund is of importance and worthy of tho 



GOVERNOR WILLIA:^ 0. BRADLEY. 105 

closest investigation. This scliool is iuinually graduating worthy 
men and women who are a credit to their race, and is an engine of 
great good. 

As the colored people are generally poor and unable to pay large 
costs of transportation, it is suggested that another normal school 
should be established in Western Kentucky. I am informed that 
the people of that section are willing to contribute generously, and 
I recommend that you investigate the matter and take the necessary 
steps in the prenuses. 

Tn what I have said I do not wish to be misunderstood. The 
constitution prohibits mixed schools, and I believe that to be a wise 
provision. Considering the past slave-holding practice in Kentucky, 
the feeling that has grown out of the same, and the difference 
in position between the two races, nothing would be more harmful 
to the common school interest than to mix them in the schools. 
It would lead to constant quarrels and contentions, universal favor- 
itism to the whites and the most serious injury to the blacks. The 
schools should continue separate, but equal privileges should be 
given the unfortunate people, who stand in such great need of 
educational facilities. 

ELECTIONS. 

'Xhe ballot is the bulwark of freedom, and upon its fair and un- 
trammeled use depends the perpetuity of our institutions. The cor- 
ruption of the elective franchise and the defeat of the will of the 
majority should not be tolerated for a moment. Appreciating th? 
full force of this sentiment the makers of our })resent Constitution, 
ulefiuing who shouhi \a\(\ provided that "the iirst General Assem- 
bly held after the adoption of this Constitution shall ])ass all 
necessary laws to enforce this ]n'ovision. and shall ])rovide that per- 
sons illiterate, blind, or in any way disabled, may have their ballots 
marked as herein required." 

In conformity to the foregoing section, and in order that every 
man may be able to cast his vote. I again recommend that a circle 
or square should be plac(Hl below each ])arty device, in which 
the voter may make his mai'k. Many mistakes are made under the 
present regulation, as many in one political ])arty as in the other, 
and in this way persons deprived of their votes. Every facility 
should be afforded the humblest man in the Commonwealth to 
intelligently cast his vo<e and have it counted. . Mutation in poli- 



106 PUBLIC DOCUMENTti OF 

lies in the end brings retribution upon any party that denies pr 
abridges the rights of citixeuship. 

Where registration is neeessary, especially in large cities, it is 
charged that regularly registered voters, in some instances, are 
falsely impersonated, and on this account persons who are not en: 
titled, vote, and in this way- prevent legal voters from exercising 
their privileges. As to whether this charge be true I do not know, 
but the fact that such a thing migh be done is sufficient to call for the 
enactment of such laws as will in some measure identify the lawful 
Aoter. 

The intention of the ballot system is to enable every citizen to 
<ast his vote in such a way as to secure perfect secrecy. In view of 
this intention, it appears improper that in registering voters the 
officer should have the right to ask and record party affiliation. It 
is claimed that this is done upon the theory that in primary elec- 
tions parties may be enabled to control their organization. In 
places where no registration is allowed no difficulty is experienced 
in this matter, and non(\ 1 i)rrsume, would be experienced else- 
where. 

I'riniarv elections should be prohibited from being held at the 
same time or place regular elections are held. They consume time 
and create confusion and undue excitement. The selection of candi- 
dates should not be allowed in any way to conflict with or affect 
the election of officers. 

There is a diversity of opinion as to whether canvassing or ex- 
amining boards have the right to ])ass on rejected ballots. This 
should be made plain and the right of every citizen guaranteed to 
have his vote counted as cast, whether there is or is not a contest. 
The law should be made so explicit, that no citizen should lose his 
vote on account of the technical faibire of any oflicer to discharge a 
plainly ministerial duty when the officers of the election are satisfied 
that the ballot was in fact deposited. 

Article 18, chaptei- 41, of Kentucky Statutes, provides penalties 
against rei'tain frauds in elections, inany of which are dead letters 
because section ir)<>4 ])rohil»its conviction upon the testimony of a 
single witness, unless snsfain<'d by strong corroborating circum- 
stances. Surely, such a safeguai'd as this is unnecessary, in view 
of the fact that the defendant is a competent witness. 

The |)ractice of corraling votei-s and. with money and whisky, per 
suading them to r<'main a\\a.\ from llie ]»olls is (<uite common. 

The law should ])revent (his, and should in all such cases author 



GOVERNOR W FLU AM 0. BRADLEY. 107 

r/A' the issuance of a writ of habeas coi-pus on the jx'tilion of any 
person, and on the trial thereof, then and there to be had. require 
the release of the person detained. In addition, laws should be 
enacted with severe penalties against the person or persons havinjj 
a voter in unlawful custody. 

According to the present law, when any i)arty has failed to nomi 
iiate a candidate by convention or primary election, upon a petition, 
^ijrned by the requisite statutory number, any individual, however 
<ibjectionable, may have his name placed under a party device. 
Frequently this may prove distasteful to the party and should not 
Ite allowed. 

Section 1458, Kentucky Statutes, i)rohibits the Secretary of State 
from certifying and the county clerk from placing the name of a can 
didate, pro])erly certified to have been nominated, on the ballot when 
ever notified by such candidate that he will not accept the nomina- 
tion. Section 1464. Kentucky Statutes, provides that in case of 
death, removal or resignati(m. after the printing of the ballot, that 
•<-ertain steps may be taken to meet the contingency. I suggest, that in 
either state of case referred to in the last-named section, or in the 
ease mentioned in section 1458, it be made the duty of the Secretary 
■ of State or clerk to at once give notice to the chairman or Secretary 
of the State Central, District or County Committee, and that 
pasters may be provided and used in such cases and ju'oper steps 
taken by the party organization such as will enable such party to 
supply the place as provided in section 1464. 

Section 1557. Kentucky Statutes, prescribes a fine of |50 and im- 
prisonment in the county jail against any officer, upon whom a duty 
is imj)osed in chapter 41, who shall willfully neglect to perform his 
public duty, or who shall willfully perform it in such a way as to 
hinder the object of the law. A glance at the many important 
duties which this section governs will demonstrate that the punish- 
ment is entirely inadequate as to officers of registration and officers 
of regular and primai-y elections. Particularly, is this true as to the 
duties assigned to the Secretai'y of State in certifying nominees; the 
f'lei'k in the proper preparation and distribution of stencils and bal- 
lots; li)(- sheriff in delivering ballot boxes; tlu* county judge in the 
appointiiu'iif of offif(>rs of election and giving the notice of same; 
the admission of uiiaiithorized persons into the booth <m- within less 
"than fifty feet of the polls; the coiinti'ie: of vot<^s a^id th'^ preservation 
of contested ballots. In this eonnection, I fail to see that anv pun- 
ishment is infiicted upon an officer of tlu- I'lcctiou fur willfully ;ind 



108 PUBLIC DOCUMENTS OF 

knowingly refusing to receive a legal vole. It is recommended that 
the law be carefully revised so as to severely punish all violators 
thereof and make it sutticiently comprehensive to provide safet}' 
and security for the voter and certainty that his vote will be hon- 
estly counted. 

Section 1448, Kentucky Statutes, limits the ai)pointment of officers 
of election to housekeepers. Many competent persons are excluded 
by this section, and it should be altered. 

SEPAKATE COACH LAW. 

Proud of the glorious achievement of the white race, believing 
that it is the superior of every other, that by reason of its, advant- 
ages in liberty, education and advanced civilization, it can ill af- 
ford to place additional burdens upon others that are struggling for 
improved manhood, and not fearing for a moment that any race 
will become its equal, I most earnestly recommend the repeal of 
what is known as the ''Separate <^oach Law." From 1865 to 1892, a 
period of twenty-seven years, notwithstanding the prejudices and 
heart burnings that grew out of the civil war, it never occurred to- 
the General Assembly that such a measure shauld be passed. The- 
inspiration grew out of the fact that a drunken negro fired from a 
passing train in Frankfort, wounding an estimable young woman. 

While this was most re])rehensible, it furnished no excuse, much 
less justification, foi- the passage of a law aimed at a wliole race of 
people, generally most kindly disposed. The record of that race 
during the civil war is one that is not only remarkable, but of which 
it has the right to feel justly proud. Left in charge of the wives 
and children of Confederate soldiers, who were fighting to perpetuate 
their bondage, when their liberty was trembling in the balance, not 
one instance is recorded in which they were faithless, or in which 
criminal assault was made, or the torch applied to the houses of their 
masters. Those of us who owned, or whose parents owned slaves, 
can well attest their fidelity and the mystic tie of affection exist- 
ing between them and their masters. And now, aft«^r we and 
those who preceded us, have lived for years, in whole oi' ]tart, upon 
their unrequited toil; after the expiration of more than one-third 
of a century since the priceless boon of freedom was conferred upon 
them, reason and humanity alikt' dt^maud that we sliould extend to 
them and their descendants the helping hand, thai 1hev may be 
elevated in the realm of citizenship, rather Ihan taunt ihcni with 
their formci- stat<' and burn more deeply, if ])ossible. u]t(>n their 



GOVERyOK WILLIAM O. HRADLKY. 1U9 

foreheads the huiuiliatiuji; biaud of slavery. Thei-e are many per- 
5:H>us ot our own race wiih whom we do not desire to be associated in 
travel, yet by the provisions ot that bill tliey are loreeu upuu us, 
while we would much prefer the compajiy of iutelligent, and respect- 
;ible negroes. Evei-y citi/>en should be judged according to his con- 
duct, decency and good eiti/.enship, rather than his color; and the 
slave who, side by side with his master, drove the carriage or 
plaj^ed upon the green with his children in old slave days, can not 
disgrace him, now that he is free, by riding in the same coach, pro- 
vided that his conduct and character are good. 

If it is proper that this bill remain on. the statute, why not pre- 
vent negroes fi*om riding in the street cars with the whites in our 
<:ities? Is the negro in the city entitled to privileges that his brother 
in the country or smaller towns is not entitled to? Is the white 
jnau or woman in the country or smaller towns better, and entitled to 
more protection than the whites in the cities? In the street cars the 
races are much more closely associated than on the railroad cars, 
and yet no complaint is made in that direction. 

It has been held by the highest court in the land that this law is 
inoperative so far as the interstate passenger is concerned, and the 
negroes from every other State in the Union may pass through 
Kentucky in any car they prefer, while our own negroes, who. in 
many instances, are bound to us by ties of affection, must be huddled 
into a car by themselves. 

The old common law has come down to us through hoary cen 
furies. It is the concentration of the wisdom and conservatism 
<if many generations. In its benign provisions, no rule is incor- 
porated that is in keeping with this objectionable statute. II 
has remained for the civilization of the nineteenth century to dis 
<*over that which has escaped all others, and to enact a law thor- 
oughly at war with precedent and in contempt of every privilege of 
<'itizenship. 

For many years we had in this State what was called the "Indies' 
car," and conductors experienced no difliculty in excluding from it 
all objectionable persons, whether white or black. If that law was 
^0 easily enforced, it appears that a statute clothing every condnetor 
with j)olice power, giving them discretionary power in the seating 
and supervision of jtassengers, would acconiy)lish justice for all. 
Such a law would enable them to place all the rough, indecent. 
drunken or violent ]iassengers, whether white or black, in a separate 



110 I'l KLH' noil MHX'/S OF 

eai', thus iJieventing tlieui troin assoriating with the ladies and geu- 
tleiueii who occupy another. If you should ditfer with me in this 
matter, v trust that you may, at any rate, amend the present law sa 
as to afford the negro a separate car. As the law now stands he i» 
only furnished a compartment of a car, and forced to pay the same 
rate as his more fortunate white fellow-ciiizen. He should not be 
compelled to pay the same fare unless he is furnished with the 
same conveniences. The operation of the present system is well 
known to you. 

A car is divided into two parts by a partition. In one portion are 
the negroes, in the other the whites. Frequently the whites are of 
the worst class of their race, and their oaths and coarse conversatioa 
are forced upon well behaved and respectable negro men and women^ 
while every time the door is opened there is poured in upon them 
the fumes of mean Avhisky and tobacco. 

In what 1 have said on this subject I am not inspired by any parti- 
san motive. This is not a political question, it is a question of 
humanitv and decencv. 



PUBLir MORALS. 



The use of intoxicating liquors and the carrying of concealed 
weapons are the fruitful source of nearly every murder that is com- 
mitted. Local option and prohibition laws are being evaded and 
rendered inoperative by reason of the "jug trade." Attempts have 
been made to jjunish those who deliver whisky in the counties where 
such laws are in force, but the Court of Api)eals has decided that 
the place of delivery is that where the jugs are handed to the express- 
man or common carrier, and in this way an avenue of escape has 
been afforded, and the platforms of depots in anti-whisky localities 
are daily covered with jugs. In order to remedy the evil, it is sug- 
gested that a law b(^ enacted fixing the legal delivery of intoxicating 
liquors at the place of destination instead of the place of shipment 
(except as to original packages from points outside Kentucky), and 
providing proper punishment for any person, natural or artificial, 
who delivers the article at the ])lace of destination. 

Again, attention is called to the sale of cigarettes and cigarettvv 
paper. Their use is universally condemned by the medical profes- 
sion and every day experience. They invariably impair, and in 
inauy instances. es])ecia11y niiiong the youth of the laud, destroy 



GOVER^fiOR WILLIAM O. JUiADLfJY. HI 

both body and mind. They beget a taste for even more deadly 
opiates and intoxicating drinks. J recommend that tlieir sale be 
prohibited. 

ATTORNEYS AT LAW. 

Among the professions there is doubtless none that has given to 
the country more eminent men than that of the law. There is 
no class more necessary to the protection of life, liberty and prop- 
erty, yet while the law has protected the people from quack doc- 
tors, quack druggists, etc., etc., there is but little protection af- 
forded them against shysters and pretenders who have invaded 
the ranks of this profession and brought it into disrepute. The 
trouble grows out of indiscriminately conferring licenses. Sym- 
pathy for the young man, apparently struggling to better his con- 
dition, and liberality, which is not found in other professions, has 
enabled many undeserving, incompetent and disreputable pei-sons 
to impose themselves on the public. The press is constantly call- 
ing attention to this condition, and I urge upon you the establish- 
ment of a higher standard and its strict enforcement. 

There are many lawyers in Kentucky of advanced age whose 
improper and disgraceful practices at the bar are a reproach to the 
exalted profession of which they are unworthy members. I recom- 
mend the adoption of such legislation as will provide punishment 
for this class of advanced and accomplished shysters, and, if possi- 
ble, eliminate them from the profession. ' 

COURT OF APPEALS. 

Year by year, the docket of this court is enlarged. One cause for 
it is, that appeals are allowed where the amount in controversy, 
exclusive of interest and cost, is $100. There is no reason why this 
rule should be continued. The object of the judicial system is to 
afford fair and speedy trials. In order to do this, the minimum 
jurisdiction of all the courts is hxed by statute. To say that an in- 
dividual who has .1?100 at stake is entitled to trial in the highest 
court of the State, as much as the individual who has |100,000, in- 
volved, is a senseless platitude. As well might it be said that' the 
poor man who has one dollar involved is entitled to the same right. 

It is not a question of right. There must be some reasonable limit 
placed on the amount in controversy in order to prevent the clog-' 
ging of the dockets in the various courts, for one court can not de- 



112 PUBLIC DOCUMENTS OF 

termine all the cases that are instituted. Justice and the prompt 
dispatch of business require that the jurisdiction of courts should 
be regulated so as to give the necessary time for thoughtful action. 
I recommend that the present law regulating appeals to the Court 
of Appeals be amended by striking out the words "one hundred," 
and substituting the words "three hundred.'' 

BOARD OF HEALTH. 

The report of this branch of the sei'vice is before you. There is no 
State in the Union that expends so small a sum in this behalf as the 
State of Kentucky, and yet I believe that there is none that has 
njore efificient service. The operations of the board in preventing 
the spread of yellow fever and the prevention of shipment of 
diseased cattle into this State is worthy of especial commendation. 
By their persistent and intelligent action the advertising quack has 
been driven from ihe State, on account of which the people have 
reason to congratulate themselves. 

THE STATE GUARD. 

This branch of the service has been most admirably conducted, as 
the report of the adjutant general will show. The State guard has 
at no time been better equipped and officered, and yet our appro- 
propriation of |7,00() yearly is a mere pittance compared to that made 
by other States. We have not sufficient funds to hold a brigade 
encampment, as the number of tents and other equipage on hand 
is wholly inadequate. This organization for years has been most 
effective in quelling disturbances and enforcing law. It is recom- 
Tnended, that a tax of one-half cent be levied for the purpose of its 
better equipment. During the year 1890 no camp of instruction 
was held because of insufficient funds. This year it was held and at 
a cost of only |8,600. The preceding camp cost the State nearly 
S14,000. 

CHICKAMAUGA AND CHATTANOOGA NATIONAL PARKS. 

An act was passed at the January session, 1806, appropriating 
f 10,000 for the purpose of erecting monuments at Chickamauga and 
Chattanooga Parks, commcnnorating the valor of the Union and 
Tonfederate soldiers from Kentucky, who in that memorable con- 
flicl reflected so much credit on our beloved Commonwealth. 



GOVERNOR WILLIAM 0. BRADLEY. 113 

Col. K. M. Kelly, Col. Thomas II. Days, Col. Jno. II. Whalleii 
and Capt. Jno. \V. Tuttle have been appohiled coiumlssioiU'is to 
(.aii-y into etiect the provisions of the act. The law contemplates 
the erection of six mouunienls, three each to the Confederate and 
I'niou forces. Owing to the small appropiiatiou it is thought that, 
if divided into six parts, the monuments erected will attract little, 
it any, attention. In view of this, I recommend that the act be 
amended so as to provide for the erection of one monument, and 
modest markers to indicate positions occupied by Kentucky soldiers 
during the conflict. This monument would empluisize the fact that 
though divided in life on the great questions involved in the struggle, 
they are united in deatii., and that their countrymen are united 
now in devotion to the Union and the Constitution. 

To my mind there is no moi'e beautiful or patriotic thought 
connected with that heroic struggle than tlie mingling of the blue 
and gray, and the cordial friendship and genuine admiration each 
entertains for the other. The idea of bringing the survivors to- 
gether was born of perfect patriotism, and could not have been 
effected in any other country in the world. It is without precedent, 
and will most probably remain without imitation. 

As we are united in life, and they united in death, let one monu- 
ment perpetuate their deeds, and one people, forgetful of all as- 
perities, forever hold in grateful rememberance all the glories of 
that terrible conflict which made all men free and retained every 
star on the Nation's flag. 

THE BATTLESPIIP ^'KENTUCKY.'' 

Heretofore, tlu^ thanks of the State have been tendered to the 
proper authorities for the exalted compliment of giving the name 
of our State to one of the most magnificent battleships that the in- 
ventive genius of this great country has ever conceived. 

The honorable Secretary of the Navy has given notice that it will 
be launched during the latter {tart of January next. T trust that 
your honorable body will take such action, concerning this matter. 
IS your patriotism and State pride may suggest, and thnt the occa- 
sion may be made memorable and an ins])iratioii lo the rising and 
future generations, of our (Commonwealth. 



114 PUBLIC DOCUMEST^ OF 

CONCLUSION. 

This is doubtless tlie last general message I will cummimicate 
to you. During my term I have made faithful and diligent effort to 
maintain law and order; enforce economy in public expenses; ad- 
vance the cause of education; purify elections, and promote the wel- 
fare of the whole people. I have exercised the pardoning power with 
the greatest caution — pardoning and remitting less than 20 per cent, 
of the applications, while my immediate predecessor granted relief 
in 53 per cent., and his predecessor in 45 per cent, of applications, 
rovering the same period. I do not intend to impugn the motives or 
question the actions of either of these distinguished gentlemen. I 
(>nh' refer to the facts for the purpose of comparison, because a par- 
tisan press has seen fit to bitterly condemn me. I may have commit- 
ted mistakes. This is human. But 1 trust that a. fair-minded people 
will remember that "to err is human, to forgive divine." 

In conclusion, allow me to indulge the hope that during your ses- 
sion we may heartily co-operate for the purpose of advancing the 
material interests of the State and that more substantial good may 
be accomplished by you than any of your predecessors. 

llespectfully, 
(Signed.) WILLIAM O. BKADLEY, 

Governor of Kentucky. 



OOVERXOh' WILLIAM 0. BRADLEY. 115 



MESSAGE CONCERNING TOBACCO SALES. 



coimmoxwealth cf kentucky, ) 
Executive Department, 
Fiuukfoi't, Ky., Jauuary 7, 1898 



1 



To the Honorable Senate of Kentucky: 



Herewith is lianded to you the report of State Inspector and 
Examiner Lester, concerning his duties under joint resolution ap- 
proved March 2, 1896. 

I suggest that you take such action concerning the matter as you 
think proper. 

WILLIAM O. BRADLEY, 

Governor of Kentucky 

The accomi)anying communication reads as follows, viz: 

Office of State Inspector and Examiner, ] 

Frankfort, Ky., January G, 189^. j 

To Hon. William 0. Bradley, Governor of Kentucky: 

By reason of other pressing official work, requiring immediate 
and constant attention from me for three months past, I failed to 
report to you my action under joint resolution, No. 1, of the Gen- 
eral Assembly, approved March 2, 1890. 

I now submit the following: The author of the resolution doubt- 
less intended to confer upon the inspector and examiner plenary 
power to enforce the law on the subject of the sale of leaf tobacco. 
But the resolution mentions only the act approved April 5, 1892, en 
titled, "An act to regulate the sale of leaf tobacco in this Com- 
monwealth," and directs the inspector and examiner, "to investi- 
gate any violation of the act, and immediately prosecute before the 
grand juiy, and in the courts of any county in the State any ware- 
houseman or comntission merchant who has violated, or who may 
hereafter violate any of the provisions of said act." 

By examination of the act, (being sections 4798 to 4809. both in- 
clusive of Kentucky Statutes), you will perceive that the first nine 
sections define who are warehousemen, their duties, commissions, 



IIG PUBLIC DOCLJJBNTS OF 

etc. These sections forbid the doiiig of a number of acts, which 
growers of leaf tobacco in all parts of the State complain that 
warehousemen are doing. It is claimed by the tobacco growers 
that warehousemen in Louisville constantly violate section 479D 
by failing to settle with them upon making sale of their tobacco 
for them, according to the net weight including the sample, which 
is usually about ten pounds, taken from each hogshead or pack- 
age of tobacco sold. It is also claimed by the tobacco growers that 
they constantly violate se<.'tion 4803 by charging commission for 
selling and paying over the proceeds to the owner. The only pen- 
alty denounced against warehousemen for violating any of the nine 
sections named is found in section 4807. Under this section tlir 
warehouseman is made liable to the party aggrieved in the sum of 
not less "^than tw^enty-five dollars and not more than one hundred dol- 
lars." 

The grand jury is given no jurisdiction, in fact there is no penal 
offense that may be prosecuted in the name of the Commonwealth. 
Thus it will be seen that the inspector and examiner can investigate 
the violations only, as the penalty must be recovered by the party 
aggrieved b}' civil action. 

For the purpose of ascertaining whether or not the general com- 
plaint of leaf tobacco growers in the State, that these sections are 
constantly violated, is true, I made a trip last summer through a 
number of tobacco growing counties, and conversed with a number 
of tobacco growers, and examined a large number of the return state- 
ments sent to them by warehousemen, to whom they had intrusted 
the sale of their tobacco, and in every instance I found section 480.3, 
forbidding the charging of commissions, had been violated. T ad- 
vised each aggrieved person whom I snw as to his rights and remedy 
under section 4807. 

I have been more or less censured by some of the tobacco growers 
for my failure, as they nlleged, to liave enforced sections 4810 to 
4813 inclusive, of Kentucky Statutes, but you and nil those who have 
been inclined to censure nie for alleged failure to discharg(^ my duty, 
will observe that these sections are no part of the act approved .Vpril 
5. 1892, mentioned in the resolution named, and as it was not a part 
of the act. I believed then, and yet believe, I was and am without 
power or authority to investigate any violations of those section*!. 
However, by inquiring of persons who appeared to know, T nm con- 
vinced thnt they are constantly violated, and that great loss and in- 
jury resulls to the tobacco growers of the State from the violations. 



GOVERNOR ^yILLIAM O. BRADLEY. II7 

I will not venlui-e into details as to bow iliey are violated, for as I 
construe the resolution, I am without jurisdiction to make an otKcial 
investigation, and my private information is not sufficient to wjir- 
rant a statement of facts. 

I suggest that you communicate in some way these facts to the 
xn-esent Legislature to the end that the resolution may be amended, 
so as to confer upon me the power to investigate these violations,' 
and have them punished, or that the Legislature may take some 
other action to protect the suffering tobacco growers in the State 
from the wrongs, which 1 am sure they are sufeering, and have 
suffered for years past. 

The duties of my office, as now prescribed by law, if well and 
quickly done, are more than one man can do, without the aid of a 
stenographer; if additional duties are to be required of me, I respect- 
fully submit that I ought to be allowed at least |720 per' annum to 
secure the service of one and to ].:iy his trav.'ling expenses when 
he leaves the seat of government. 

All of which is respectfully reported. 

C. W. LESTER, 
State Inspector and Examiner. 



118 PUBLIC DOCUMEyTS OF 



VETO OF RAILROAD COMMISSION BILL. 



Commonwealth of Kentucky, 
Executive Department, 
Frankfort, Ky., Fc'bruarv 28, 1898. 



To the Senate of Koituely: 



Gentlemen: For the reasons following Senate bill No. 19, is re- 
turned without approval: 

i)y its terms the action of the three railroad commissioners in fix- 
ing amounts to be collected by companies for their services is ar- 
bitrary-, absolute and final. 

To subject such vast interests to the will of three men, who are 
not even required to be practicing attorneys, or in the slightest de- 
gree to be acquainted with the forms of judicial procedure, appears 
to me a dangerous power, the exercise of which, without restraint, 
may produce most serious results. Indeed, substantial destruction 
to corporate interests may ensue, or, should the commissioners be 
controlled by corrupt influences (which I do not charge would be the 
case), the peo{)le would awaken to a realization of the fact that in- 
stead of obtaining relief, they had only incurred additional burdens. 

Under the requirements of the bill, all that is necessary to fix 
a fine upon the company of not less than five hundred nor more than 
one thousand dollars for the first offense, is to show that the schedule 
has been fixed by the commission and disregarded by the company. 
On this trial the company will not be permitted to go behind the 
action of the commissioners. It matters not whether the commis- 
sioners have made a mistake by reason of ignorance of railroad 
rates or otherwise; whether they have been controlled by spite, prej- 
udice, or other improper motive; indeed, even though their action 
may have been corrrupt or fraudulent, the facts can not be inquired 
into, but their acts must remain "as unalterable as the laws of the 
Medes and Persians.'' 

The fine must be inflicted, the only right secured to the defendant- 
is to prevent the jury, if possible, from inflicting more than five hun- 
dred dollars fine, as a punishment. And what is this privilege worth 
after liability has already been fixed by a ])roceeding without due 
f>rocess of law. regarding which the courts of the State are power- 
less to act? 



GOVEir\Oh' \, ILiAA )/ (}. BRADLEY. 119 

If tliis commission, in the exercise of its unbridled power, should 
establish rates disastrous to the general i)ublic, the* same tinality 
would attach and it would be bound by the same unyielding chains. 
No court in this Commonwealth is clollied with such extraordinary 
power. 

Such a measure, involving as it does the material interest of thou- 
sands of employes in the service of railroad companies; the vast 
property interests of corporations; the probable decrease of value 
in corporate property such as will seriously impair the collection of 
necessary State and count\ revenue; the commerce of the Common- 
wealth in mines, railroads and manufactories; preventing in all 
l»robability the investment of capital and the development of our 
material resources; endangering the rights of the people by placing 
tlKMu at the mercy of the railwad commission; in short, affecting 
ihe welfare of the whole people of the State, should not in my judg- 
ment become a law. 

That corporate power should be held in proi)er check and re- 
strained within legitimate bounds will not be questioned. Such 
check and restraint, however, should be provided by a statute, which, 
while it protects the general public, insures a full and fair trial to 
the corporation. 

It is idle to say that remedy may be had by injunction, or by a bill 
in equity, for any wrongful act of the commission involving the 
invasion of constitutional rights. The law should be so framed as 
to r'ender a resort to all such remedies unnecessary. If it be true 
that redress may be had through injunction, it follows that the pow- 
ers conferred in the law are the subjects of abuse, for the correction 
of which remedy must be found outside its provisions. 

The act does not provide for any review or appeal. The whole 
power is intrusted to the commission. It does not, as statutes of 
similat' character, ])rovide for any judicial intervention or investiga- 
tion. Said the Supieme Court in Johnson v. Towsley (13 Wall, S. C. 
1?.. 72): ''When the law has conrtded to a special tribunal the au- 
thority to hear and determine certain matters arising in the course 
of its duties, the decision of that tribunal within the scope 
of ils authority is conclusive upon all others." 

The only theory upon which it is claimed that the coui'ts may in- 
terfere with the findings of the commission is based upon the prin- 
ciple that every citizen is entitled to protection against an unconsti- 
tutional law. Even if this be correct, it is clear that courts could 
not relieve the citizen from unreasonable rates, unless they were 



120 PUnUC noCLMEXTS OF 

of such a character as to destroy tlie value of, or confiscate his prop 
erty. 

Au admission b} tlie friends of the bill that a court could, in the 
absence of express authority by statute, review the action of the 
commission after that action has been made final, for the reasons 
stated, is a substantial confession that the bill is unconstitutional, 
because a statute which confers authorit}- to invade the constitu- 
tional rights of the citizen can not be upheld, and should not receive 
the sanction of the executive. 

The constitutional inhibition against the taking of property with- 
out due process of law does not contemplate that the citizen shall 
be forced to appeal to a court of justice for his protection, but that 
the law which authorized such taking shall be so framed as to af- 
ford him a judicial investigation as a condition precedent to the 
taking. 

It is a weak plea in justification, after one's property has been 
taken, to say that in order to remedy the wrong, he has the right to 
appeal to the highest courts of the land to avoid the effects of law 
which has, in advance, condemned, without affording him. a judicial 
investigation. 

To make the schedule fixed, prima facie correct, or what is infin- 
itely better, to give an appeal to some court of justice, properly cre- 
ated and equipped under the Constitution, would relieve the bill of 
its objectionable features. After a full hearing in such, a court, and 
the establishment by it of a schedule, it would then be entirely prop(n' 
lo punish any violation by infliction of proper pains and penalties. 
Surely, the judiciary of Kentucky can be trusted. For more than a 
century it has maintained its dignity and honor, and those who now 
adorn the bench can not be accredited with less character than their 
predecessors. 

The bill, in substance, gives the commission the power to take 
charge of and control the operation of railroads in the Common- 
wealth, 

As was well said, in L. & N. Eailroad Com])anv v. Kailroad Com- 
mission of Tennessee (9 Federal Law Reporter, 008) : "The regulating 
power of the Legislature and the courts is sufficient to compel the 
railroad companies to perform all their undertakings in favor of 
the public and to j>revent or punish all derelictions of duty. The 
Legislature can enact laws within constitutional limits for the reg- 
ulation of railroads and railroad operations, but it can not authorize 
a commission, by direct or indirect legislation. intcMided to accom- 



GOVERNOR WILLIAM 0. BRADLEY. 121 

2jlisli that eud, or necessarily involving thai result, to take control of 
lUeir business and operations." 

The fifth amendment to the National Constitution provides: ''No 
person shall be held to answer for a capital or other infamous crime, 
etc., * * * ; nor be deprived of life, liberty or property without due 
l^rocess of law." 

The fourteenth amendment to the same instrument declares: "No 
8tate shall make or enforce any law which shall abridge the priv- 
ileges or immunities of citizens of the United States; nor shall any 
State deprive any person within its jurisdiction of equal protection 
of the law." 

In our own bill of rights, which is so sacred that it is excepted out 
of the general powers of government, and declared to "remain for- 
ever inviolate," (Sec. 28); it is provided (Sec. 11) * * * "nor be de- 
lu'ived of his life, liberty or property unless by the judgment of bis 
peers or the law of the land." 

Again, in section 14, bill of rights, in order to make more clear, if 
])ossible, the force of this principle, it is provided: "All courts shall 
be open, and every person, for an injury to hirn in his lands, goods, 
person or reputation, shall have remedy by due course of law, and 
right and justice administered without sale, denial, or delay." 

That the word "person" as used in the various sections cited, re- 
fers to and includes corporations, there can be no question, for cor- 
porations are artificial persons, and, besides, to deny them these 
i^afeguards would result in their complete annihilation. 

Justice Field, of the Supreme Court of the United States, held, that 
corporations were included in and protected by Amendments 5 and 
1 4, mpm. See Sanla Clara Railroad Tax cases, 9th Sawyer, 165-210 ; 
and also Santa Clara Ooimty v. Southern Pacific Railroad Company, 
lis U. S. S. C, Rep., 394. 

Tf included in these amendments, which are of a kindred character 
to our fundamental law, it follows that they are included in the 
Kentucky Bill of Rights. That they are included in the State Con- 
stitution, see L. & N. R. R. Co. v. Tennessee, 19 Federal Reporter, 679. 

The Court of Appeals of Kentucky, in the case of the City of 
Louisville v. Cochran, 82 Ky., held, that the expressions, "due course 
of law," "due process of law" and "law of the land," are interchange- 
able terms, meaning the same thing. 

These terms have been held to mean : "A law that hears before con- 
demning and arrives at a judcmrut for divestiture of the rights of 
property:" Varden v. Mount. 78 Ky., 89. 



122 PUBLIC DOCCAIEXTt^ OF 

"Tliey can not mean less than a prosecution, or suit, instituted and 
conducted accoMing to the practicable forms and solemnities for as- 
certaining guilt, or determining the title to property." Taylor v. 
Porter, 4 Hill. 

"It undoubtcMily means in the due course of legal proceedings ac- 
cording to those rules and forms, which have been established for the 
protection of private rights." Westervelt v. Gregg, 12 N. Y., 209. 

These cases are approvingly cited in 82 Kentucky, supra; and in 
that case the court held, that an act of assembly making certain 
papers conclusive evidence was unconstitutional beca^use, it deprived 
the citizen of his property without '*due process of law." 

The act in question does not atford corporations the protection 
guaranteed by the National and State organic laws. No judicial pro 
cess is provided, no suit is necessary to be instituted, no pleading* 
required, no rules and forms are prescribed, as in case of the pro- 
tection of private rights. 

While no ])roperty is taken by the operation of the act, the right to 
use, under its provisions, may be so ali'ected as to render property 
valueless. Not only properly, but the right to use and enjoy it, is 
secured by the State and Federal Constitutions. To destroy the 
right to use, to cripple the use so that the vabie is destroyed, is as 
imconstitutional as to actually take it without just compensation or 
due process of law. If the comj>anies are denied all remedy for the 
wrong inflicted, the desti-uction of their i)roperty becomes as effect- 
ual as if it had been taken directly from them by legislative enact- 
ment. An authority which permits a party to be deprived of his 
property by indirection is as much witliin the meaning and spirit of 
the constitutional provisions as (.ne that attt^npts to do the same 
thing directly. 

''In one case it despoils the owner directly, and in the other ren- 
ders him defenseless against any assault upon his property." Gil- 
man V. Tucker, 2fi Amer. St. Report., 473. 

The Supreme Court of the T'nited States hns, in my judgment, con- 
clusively decided this bill to be unr-onstitirtioiial. in the mse of Chi- 
cago, Milwaukee &: St.Paul Railway Company v. ^Minnesota (l.'^4 U. S. 
S. C. R., 41 S). That decision wns rendered on the construction of 
an act passed by the Gt^nernl Assembly of Minnesota, creating a rail- 
road commission and prescribing its poAvers and duties. In that act. 
no hearing was provided for the rallioad, bui the commissioners had 
the right to give them notice of certain prescribed rates, and if ex- 
ceeded thei-eafter, the roads were made amenable to criminal prose- 



GOyERNOli WILLIAM O. BRAI)Lt:\. 123: 

cution. In point of fact, alt]iongli not pi'ovided for, the bearing was 
given. However, in discussing the principles involved, the court 
conclusively passed upon the constitutionality of the bill now being 
considered. 

iSaid the court in that case: "In other words, although the railroad 
commission is forbidden to establish rates that are not reasonable, 
there is no power in the courts to stay the hands of the commission 
if it choose to establish rates that are unreasonable and une(iual. 
This l>eing the construction of the statute by which we are bound in 
considering the present case, we are of opinion that, so .construed, 
it conflicts with the (Constitution of the United States in the particu- 
lars complained of by the railroad company. It deprives the com- 
pany of its right to a judicial investigation by due ])rocess of law 
under the forms and with the machinery i)rovided for by the wis- 
dom of successive ages for the investigation judicially of the truth of 
a matter in controversy, and substitutes therefor as an absolute fin- 
ality the action of a railroad commission, which, in view of the 
powers conceded to it by the State court, can not be regarded as 
being clothed with judicial functions or possessed of the machinery 
of a court of justice." 

It is true that the State courts of Minnesota held, that there was no 
power in the courts of the State to stay the hands of the commission, 
if it chose to establish exorbitant rates. The courts of this State 
might say the same of the present statute, because the commission 
is made the sole judge of what is reasonable, and from their action 
no appeal can be taken and no review is x>rovided. It is claimed that 
the opinion of the Supreme Court, last cited, does not affect the con- 
struction of the present law. because, the statute there under consid- 
eration did not provide for a hearing before the commission as doe?; 
the present bill. A careful examination of the opinion, however, 
will show that the court did not for that reason, but for the reason 
that the action of the board was made final, declare the act unconsti- 
tutional. In the first place, in speaking of the denial of a judicial 
investigation, that investigation is described as being by ^'due process 
of law. under the forms and with the machinery provided by snc- 
<>essive ages;" and in the second place, the court makes its mean- 
ing perfectly clear by adding: ''Aud substitutes therefor as an abso- 
lute tijiality, the action of a I'ailrond commission, etc." That the 
>''Ourt (lid not intend to say, that any action under any circum- 
stances by such a commission was judicial, is clear, because, both 
before and since the rendition of that opinion, the same court 



124 PUBLIC DOCUMEMtS OF 

held, that "tbe aciion ot a railroad commission is uot judicial, 
but uieiely administiative" (110 L'. S. H. C. K., '6^1; 151 L'. ^. 
JS. C li., -J'J4). Nor docs tbe decisiou iu tbe railroad commis- 
sion cases (IK) L". S. 8. C. \l., '>V1^) iu auy way coutlict witb 
tbe opiuiou rendered in tbe Minnesota case. It is true tbat it 
Mas tbere declared tbat tbe statute of Mississii>pi, cbarging sucb 
a commission witb tbe supervision and rigbt to bx rates, was con- 
stitutional. l>ut tbe Mississip])i statut(% wbile it conferred powers 
similar to tbose granted by tbe bill under consideration, did not make 
tbe action of tbe commissioners conclusive, but provided expressly by 
section 1!J of tbe act, tbat it sbould only be prima facie evidence, tbus 
giving tlie company tbe rigbt to inquire into and go bebind tbe 
bndings, wbenever an attempt was made to enforce tbem as pro- 
^ ided by section 23 (see pages 312-313). Tbat opinion can not be con- 
strued as declaring this bill constitutional, because tbe provisions 
of tbe two bills are entirely different, tbe very rigbts being protected 
iu tbe Mississippi statute wbicb are left witbout protection or rem- 
edy in this. 

Tbe opinion of the Supreme Court in tbe case of Reagen v. Farm- 
ers' Loan, etc. (154 U. S. S, C. R.), does not establish a different doc- 
trine to that enunciated in the Minnesota case, because the statute 
under consideration in tbat case fully guaranteed to the company or 
individual a judicial hearing. The Texas statute declared (Sec. 5) 
that, in all actions between private parties and railway companies 
brought under the law, the rates, etc., prescribed should be held con- 
clusive and sbould not be controverted until finally found otherwise 
in a direct proceeding brought for that purpose under sections 6 and 
7 of the act (page 364). These sections give any party in interest the 
right to file a petition in. a court of competent jurisdiction against 
the commission, S'^tting forth the particular cause for objection, 
which action is given precedence over all other causes on tbe docket; 
and giving, in addition, a right of appeal, returnable immediately to 
the Court of Appeals, where the same precedence is given over other 
causes as provided in the inferior court. 

In the event the company charged any more than tbe rate fixed 
It w\as declared, that it should forfeit and pay to the State not less 
than 1100 and not more than $5,000. 

No indictment was i)rovided for, but this forfeiture could be en- 
forced by civil procedure, and tlie decision of the court adverse to tbe 
schedule fixed by the commission in actions between tbe parties, of 
<'ourse, barred any recovery on the part of the State. 



GOVERXOh' ^y ILIA AM 0. BRADLEY. 125 

The action of Keagan, etc., however was not brought in the iState 
court, but was instituted by non-resident parties in the Federal 
court, in which an attempt was made, not only to restrain the com- 
mission from enforcing the scliedule fixed, but to prevent them from 
thereafter fixing any schedule, thereby affecting the whole act. The 
court granted the relief as to the rates fixed, but refused to prevent 
the commission from fixing rates under the statute. 

In that case the court did not, as contended by the friends of the 
present bill, decide the statute constitutional, but expressly said, 
(page 395): ''We do not deem it necessary to pass upon these specific 
objections, because the fourteenth section, or sniy other section pre- 
scribing penalties, may be dropped, from the statute without affect- 
ing the validity of the remaining portions, and if the rates established 
are not conclusive, they are at least prima facie evidence of what is 
reasonable and just." 

Besides, even though it be conceded that the court held that statute 
to be constitutional, it does not ajfect this bill, because the pro- 
visions of the Texas statute afforded prompt and speedy judicial in- 
vestigation. That decision sustains the right of the State, through 
its commission, to regulate rates of transportation in the fullest 
scope of the term, but does not,hold that its action can be made final 
without a breach of the Constitution. On the contrary, at page 398, 
they quote approvingly the language of the chief justice in 116 U. S. 
S. C. K. : "From what has thus been said, it is not to be inferred that 
this power of limitation or regulation is itself without limit. This 
power to regulate is not a power to destroy, and limitation is not the 
equivalent of confiscation. Under pretense of regulating fares and 
freights, the State can not require a railroad corporation to carry 
persons or property without reward ; neither can it do that which, in 
law, amounts to a taking of private pro7)erty for public use without 
just compensation, or without due process of law\" 

On the same page, the court recognized tlie pi'incij)le established 
m the Minnesota case, quoting approvingly a portion of same. 

The full effect of the ReagcTi case at last is, that a Federal court 
may interfere to protect the rights of a non-residcMit of n State from 
an injustice growing out of an unautliorizfd exei-cise of y)ower under 
a State statute afTecting his rights. 

The case in l.^^). T^. S. S. C. TJ., 049. announces the same doctrine 
as that contained in the "Reagen case, that when a State Legislature 
lias established a tai-iff of railroad rates so unreasonable as to prac- 
tically destroy the value of property of companies engaged in the 



126 PUBLIC DOCUMENTS OF 

carrying business, courts of the United States may treat it as a 
judicial qucjstion, and liold sucli legislation to be in conflict with 
the Constitution of the United States, as depriving the company of 
its property without due process of law. 

It may be that courts may interfere to secure the citizen in his 
constitutional rights, and this, I believe, is the full contention, by 
reason of which it is claimed that the bill herewith returned does 
i-ot preclude any individual or company from having judicial inves- 
tigation, and hence, does not take i)roperty without due process of 
law. No Legislature could prohibit a court from afCording constitu- 
tional protection to the humblest citi/.en. But the existence of this 
plain right does not make constitutional an act which, while it de- 
prives the citizen of his property without due process of law, pro- 
vides no judicial tribunal to which he may appeal, or in which he 
may seek a remedy for the wrong inflicted. The remedy afl'orded 
under the Constitution is intended only to prevent the violation of 
that instrument and the spoliation of the property of the citizen, 
and upon that principle alone it is exercised. And if, indeed, this 
be the only remedy, it is one which exists outside and independent 
of the bill, which makes the decision of the board final and recog- 
nizes no tribunal as having the power to review its action, and after 
it has taken the property of the citizen without due process of law, 
finds its only excuse in the fact that the citizen may invoke protec- 
tion under a principle which is not even remotely recognized in its 
provisions. 

Should the citizen be thus forced to protect himself from spolia- 
tion or should the law provide, within itself, a just, simple and ready 
remedy against the evils which may otherwise be inflicted under its 
provisions? If the bill fails to thus provide for the protection of 
the citizen, and assumes upon its face to be, and, in fact, is, final in 
its operations, except in so far as it may be restrained by an inde- 
pendent action guaranteed as the last resort to the citizen to save 
himself from destruction by reason of the operation of an unconsti- 
tutional statute, should it become a law? 

If the executive is satisfied that the act deprives the citizen of 
such remedies as may be needful to preserve him from wrong, it is 
not proper to leave the remedy in the hands of courts neither pro- 
vided for nor recognized by the bill, but to place his veto upon it, 
and thus defeat, if possible, an uncoustitutional measure, rather 
than avoid the performance of a manifest duty or shift the responsi- 
bility upon another de])artment of the government. 

The bill is unconstitutional for another reason: It provides that 



GOVER^'OR WILLIAM 0. BRADLEV. 127 

-'any raiJioad corporation that shall be guilty of extortion, or un- 
just discriuiination or in giving- to any person or locality or to 
any description of triittic, an uiulue or unreasonable preference 
or advantage, shall, upon conviction be fined for the first offense in 
iiny sum not less than |5'H) nor more Ihan |1,()00, and upon a second 
conviction, in any sum not less than |uU() nor more than $2,000, and 
upon a third and succeeding convictions, in any sum not less than 
!)?2,000, nor more than 15,000." It will be seen that fines are thus 
inflicted for breaches of fc^ections 817 and 818 of the Kentucky Stat- 
utes, which are identical with sections 224 and 225 of the act of 
April 5, 1898, From an examination of sections 213 and 214 of 
the Constitution, it will be seen that they prohilnt the corporation 
from doing am' of the acts described in sections of the statute bill 
named; and section 217 of the Constifution specifically fixes the pun- 
ishment to be inflicted in case of violation, to-wit: For the first 
ofl^^ense, |2,000; for the second offense, $5,000, and for the third the 
forfeiture of all franchises and privileges. 

It is true the bill in question fixes penalties less severe than those 
fixed by the Constitution. But the General Assembly can not over- 
ride the plain mandate of the organic law; and hence, the bill is in 
that respect an absolute nullity. It may be, as the Constitution 
fixes the punishment, that the court could inflict it, but the discus- 
sion of that question is not necessary here. One thing is certain, 
nnd that is, that the punishment provided by the act, exce})t as to 
f^xtortion, is a palpable violation of the supreme law of the State 
and consequently can not be enforced. The fact that the punish- 
ment may be i)roper and lawful for extortion can not make binding 
or legal, a law which is otherwise void, or justify its approval. 

Respectfully, 

(Signed.) WILLIAM O. BRADLEY, 

Governor of Kcnfuclci/. 



128 PUBLIC DOCUMENTS OF 



VETO OF PENITENTIARY BILL. 



Commonwealth of Kentucky, 

Executive Department, 
Frankfort, Ky., March 1, 189S. 



To ihc Scnaic of l\cii1iicL-i/. 



Gentlemen: Herewith is returned Senate bill No. 67 unapproved 
for the following reasons : 

Both our National and State Governments are divided into three 
departments, and among them is to be found authority for the doing 
of every act necessary to full and complete administration. The 
Constitution of Kentucky declares: "The powers of the government 
of the Commonwealth of Kentucky shall be divided into three dis- 
tinct departments, and each of them to be confined to a separate 
body of magistry, to-wit: Those which are legislative to one; those 
which are executive to another; and those which are judicial to an- 
other." (Section 27.) 

"No person or collection of persons, being of one of these depart- 
ments, shall exercise any power properly belonging to either of the 
others, except in the instances hereinafter expressly directed or per- 
mitted.'' 

The fathers of the republic, in the inception of the government, 
with prophetic vision foresaw the evils that might assail the fair 
fabric of Constitutional liberty which they were about to erect, and 
by this division of governmental x)owers undertook to provide 
against its destruction. 

The fathers of the State, wilh this example of wisdom and patriot- 
ism before them, and impelled by the same motives which actuated 
their predecessors, embraced the same ])rovisions in the State or- 
ganic law. 

Each of these grand divisions acts as an aid or check upon the 
otJiers, in so far as ])rovided, but aside from that is independent of. 
and not subject to any encroachment by either of the others. 

The legislature has the supreme power to make laws; the judiciary 
the supreme power to construe and apjdy them; the executive the 
supreme power to execute them. 

The legislative can not exercise the powers of a court except in 
case of impeachment; the judicial can enact no laws; the executive 



GOVERXOR WILLIAM 0. BRADLEY. 129 

cau neitliei' make laws uor exercise the powers of a court, but is 
charged with the power of execution. 

For dishonorable or corrupt practices, the Legislature may im- 
jteach executive or judicial otticcrs; while, ou the other hand, the 
judicial may hold unconstitutional laws enacted by the legislative, 
and the executive may interpose a veto or refuse to enforce such as 
are unconstitutional. While the executive may appoint officers, the 
legislature may withhold confirmation; and, where the judicial is 
unable to enforce its decrees, and the legislative its laws, the execu- 
tive may, with the whole power of the Commonwealth, come to 
their assistance. 

These departments, while acting within their proper spheres, are 
each a help and check upon the other, the whole constituting a per- 
fect system of government. 

Each guards with jealous care its i)rivileges, and promptly resents 
and resists any encroachment by another; and within this system 
of checks and balances, and the proper distribution and fearless 
and faithful exercise of these great powers, rests the security of the 
citizen and maintenance of a republican form of government. 

The encroachment of one power upon another, if not properly met 
and successfully repelled, will surely result in confusion and an- 
archy, and eventually in the destruction" of liberty. 

Having in view these plain constitutional provisions and the dire 
consequences which may flow from their violation, allow^ me, most 
seriously, to direct your attention to the provisions of the bill. If, 
indeed, the effect of the bill is the invasion by one department of 
another, and you may be convinced of that fact, I doubt not that 
your patriotism will prove equal to the emergency, and that you will 
decline to pass the bill over the veto of the Governor. 

The commissioners provided for are to be elected by the legisla- 
ture. If they are legislative officers the bill is constitutional; if not, 
it is equally plain that the bill is in contravention of the funda- 
mental law. 

These ofticers have to ])erform no legislative duty. They can enact 
no law, nor could the legislature delegate to them its power to make 
law (Clark vs. Rogers, SI Ky., 43; Commonw^ealth vs. Addams, 95 
Ky., 588). They are not judicial officers, for they are not clothed 
with judicial powers and can not pass u]>on property rights; they 
jiossess none of the qualifications necessary to the discharge of judi- 
cial procedure. And even if they w'ere judicial officers, the legis- 
lative could not invade the judicial department by the appointment 
of its officers. 



I'M PUBLIC DOCUMENTS OF 

If these commissioners are neither legishitive nor judicial oflicers, 
it follows, of necessity, that they are executive or administrative 
officers. Their sole duty is to execute the law. 

This being true the legislative has no power to invade the execu- 
tive department and appoint or elect oilicers who are wholly under 
its supervision and appointment. 

The legislative department, under the Constitution, has no right 
to elect any officers save those who are necessary to the performance 
of its functions and a United States senator. 

The sovereign people have the sole right to elect all officers except 
'(hose that may be appointed or elected by each department for the 
purpose of perfecting its organization, or carrying into effect its 
jnandates; and all officers not elective by the people are appointed 
or elected by the department to which their duties especially apper- 
tain. 

If the General Assembly may elect these officers, they may elect 
all others. They niay elect the officers of everj^ charitable institu- 
tion, the assistant secretary of State, the adjutant and assistant 
adjutant-general, the sergeant-at-arms of the Court of Appeals, the 
State insi)ector and examiner, the State mine and assistant mine in- 
spector and even the private secretary of the Governor, 

And if all this power were lodged in the legislative department, 
and it should exercise it, the legislative hall would be turned into a 
Theatre of contention, strife and "confusion worse confounded." 

After the various contests were ended, there would be no time re- 
juaining for enacting laws, and the very object of the creation of 
^hat department would be defeated. Experience in the election of 
a United States senator alone has demonstrated the truth of this 
assertion. 

If the commissioners are in fact, executive officers the Constitu- 
tion and decisions of the courts deny to the General Assembly the 
])Ower to elect or appoint them. 

The Constitution of Ohio ])rohibits the legislature from exercis- 
ing the appointing power, but nevertheless, the decision in the State 
vs. Kenton, 7 Ohio, 547, throws light on the question under discus- 
sion. 

The General Assembly of that State undertook to create a board 
charged with authority to appoint State House Commissioners and 
directors of the penitentiary. 

In passing upon this law the court held it unconstitutional, say- 
ing (page 5.57): ''The official or unofficial character of the offices is 
to be determined, not by their name, nor by the presence or absence 



GOVERNOR WILLIAM 0. BRADLEY. 131 

of an oflQeial designation, but by the nature of the functions devolved 
upon them." xVnd at page 5G0, continuing, the court says: "To 
prescribe the manner of elections or appointment to office is an ord- 
inary legislative function. To make an appointment is an adminis- 
trative function.*' 

The Constitution of Kentucky does not prohibit the Legislature 
literally from electing or appointing executive or administrative 
officers, but clearly forbids it by declaring in unequivocal terms that 
it shall not exercise any function belonging to either of the other 
departments, except when such right is expressly "permitted or 
directed." No such right is even remotely, much less expressly, 
permitted or directed as to the officers created by this bill. 

The Constitution of Indiana is almost identical with ours as to 
the distribution of the powers of government. The General As- 
sembly of Indiana created by statute a State Board of Tax Commis- 
sioners, naming the persons who should constitute it. In passing 
upon the constitutionality of that measure the Supreme Court said, 
(Langenberg vs. Decker, 131 Ind., 478), speaking of the three great 
departments : 

"The powers of these departments are not merely equal, they are 
exclusive in respect to the duties assigned to each, and they are abso- 
lutely independent of each other. The encroachment of one upon 
the other is watched with jealous care, and is generally promptly re- 
sisted, for the observance of this division is essential to the main- 
tenance of a republican form of government." "It can not be con- 
tended (470) that the State Board of Tax Commissioners belongs to 
the legislative department, for it has no power to enact laws. The 
General Assembly can not delegate its law-making powers to any 
other person or body. It can not be successfully maintained that 
the legislature could confer upon the Governor of the State and the 
principal administrative officers of the State duties pertaining to the 
judicial department. As the State Board of Tax Commissioners is 
neither a legislative body nor a court, it must belong to the executive 
or administrative department. 

"That it does belong to that department, we think, is too plain for 
argument. It is charged with the duty of executing certain pro- 
visions of the revenue law, and when it has performed that duty its 
function is ended." 

It is perhaps unnecessary to add tliat the act was declared 
unconstitutional. 

In the case of Evansville v. the State, IIS Ind., 42(>, the court 
Tield: "The power \o appoint to office is an executive function, and 



132 FL'BLIV DOVLMEM\s OF 

while the legislative may piovide by law for the appointment of all 
officers not provided for in the Constitution, the appointing power 
jHust be lodged somewhere within the executive department of the 
government." 

The Court of Api)eals of Kentucky, in Morgan v. Vance, 4 Bush. 
;i23, decided, that the fixing of qualifications for officers by the legis- 
lative, under authority conferred by the Constitution from which 
was omitted any provision of disqualification by reason of the offi- 
cials having fought a duel, or participated therein, could not dis- 
pense with the taking of the dueling oath or render the person eligi- 
ble, because the power of the removal of such disqualification was 
given alone to the Governor, and the Legislature could not exer- 
cise it. 

The highest court of the United States has always guarded 
with jealous care the rights belonging to each department of 
the government, and in Kilborne v. Thompson, U. S. S. C. Rep., 
vol. 103, p. 168, that court held, that the Congress of the- 
. Ignited States had no power to punish for contempt, a witness who 
appeared before it, for refusing to answer a question regarding 
])rivate citizens wh(>se interests were then involved in a judicial ac- 
tion, the court holding that the action of Congress under such cir- 
cumstances wvts an invasion of the judicial power. Indeed, we find 
from the very definition of "legislative power," that the authority 
a1 tempted to be asserted in this bill is beyond its scope. 

In the American Encyclopedia of Law, vol. 13, page 222, it is de- 
fined to be: "The authority under the Coristitution to make laws and 
to alter and repeal Ihem." 

In support of which are cited numerous adjudications of the State 
and Federal courts and elementary authorities. 

As said in my first message to your honorable body. I believe that 
penitentiaries and charitable institutions should be placed under 
non partisan control. The officials now intrusted with these affairs 
can not, after atteuding ]>roperly to the discharge of the duties of 
the offices they hold, give that time and attention to these institu- 
tions that the best interests of the State d(Mnand. Past exp(M'ience 
shows that under the rule of no ])arty in tliis State has there been 
given to these institutions that ST)ecial care which they requii<\ and 
that time and again men wlio have acquired experience valuable to 
the State have been removed and inexperienced men appointed to their 
places in order to gratify some political or personal friendship. On each 
occasion the State has beeu compelled to pay for the experience of 



GOVERKOR WILLIAM O. BRADLEY. 133 

appointees until tliey beranu' (iiialitied. Tliis has l)et'n an endless 
chain, wliieii in my judgment sliuuld be broken forever. 

Such officers should be appointed soleh' by reason of experience 
and qualification, and these institutions rescued from the ever-vary- 
ing changes of politics and personal preference. 

The bill in question does not guard in any way against the mis- 
takes of the past, but in my opinion will result in making more 
partisan the management of these institutions by throwing out of 
office, iu the midst of their terms, men against whom no charge of 
incompetency can be preferred, and who have made sacrifices by 
giving up their business at home to accept these positions, and turn- 
ing loose, without any curb whatever upon it, a board who will 
doubtless create and supply vacancies in a spirit of partisanship or 
personal friendship. 

That any officer who has shown himself dishonest and incompetent 
should be removed, will not be controverted; l»ut to remove all, or 
give the power to do so, indiscriminately, without cause and with- 
out charge, seems to me unjust and impolitic, and can but result in 
evil to the State. 

Non-partisan control, which would make efficiency and experience 
.ilone the test, could be safely trusted to assume the management of 
these institutions, but a control, such as that provided for in the 
bill, would only all to any viciousness of the system which has 
so long prevailed in the State. 

I will add that in my judgment, the emergency declared in this 
bill does not exist, in fact. 

Believing that the bill will result in detriment to the Common- 
wealth if carried into execution, that in its execution partisan con- 
trol will be augmented rather than diminished, that it is an invasion 
of the executive department and unconstitutional, with profound 
respect for your opinion, and without questioning the motive of any 
member of (his body, in discharge of what T believe to be my duty 
under the Constitution, tliis message is communicated. 
Respectfully, 
(Signed) WILLIA:M O. P.RADLEY, 

Governor of Kentucky. 



134 PUBLIC DOCUMENTS OF 



VETO OF BILL CREATING STATE BOARD OF ELECTION COMMISSIONERS. 



Commonwealth of Kentucky, 
Executive Department, 
Fraukfoi-t, Ky., :March 10, 1898. 



To the Senate of Kentucky: 



Gentlemen: Senate Bill 145 is returned herewith without ap- 
proval. 

In my judgment it is unconstitutional and fraught with great dan- 
ger to free institutions. 

The State Constitution confers all the powers of government upon 
three departments: The legislative, the executive and the judicial, 
and no one of them can exercise the powers of another except "when 
expressly directed or permitted" by that instrument. 

It can riot be claimed that the legislative division can appoint or 
elect an officer, unless the duties of his office appertain to that de- 
partment. 

The three commissioners, whose election is provided for by this bill 
are not legislative officers. They can make no law, nor could the 
Legislature delegate them the power so to do. • 

On the contrary, their duties are both executive and judicial; ex- 
ecutive as to the power of appointment, removal and canvassing the 
returns; judicial in the decision of contests. 

Not only so, from that decision there is no appeal, subdivision 4. 
of section 12, declaring ''the decision of the board shall be final and 
conclusive." 

The Legislature has no more right to elect these commissioners 
than the Governor has to appoint a clerk of both Houses of that body, 
or the judges of the Court of Appeals have to appoint the private 
secretary of the Governor. 

In the proper observance of the lines which separate the three 
divisions of government and the resistance by each of any encroach- 
ment by the others, is involved the liberty of the people. 

If any one of the departments may infringe upon the privileges 
of the others, the result must inevit.ably be disastrous. Suppose, 
the General Assembly should enact a law deolaring all judgments 
of tl)e courts, or, indeed, any judgment of a court, null and void; or, 
that the executive should d<:^termine to disperse the General Assem- 



GOYEh'XOR WILLIAM 0. BRADLEY. 135 

bly. or, that a couil should decide that the Legislature should enact 
no law, or the Governor's orders should not be obeyed. Can any 
sane man doubt that anarchy and revolution would be the natural 
rtnd unavoidable se(]uence? And in oi-der to prevent any such catas- 
trophe or any conflict of jurisdiction leading to such serious results, 
our fathers carefully separated the powers of government, divorc- 
ing each from the other, except in so far as otherwise "expressly di- 
rected or permitted." 

Under this system every disaster may be averted, and every power 
controlled within its orbit. If the Governor should disregard the 
Constitution, he must answer articles of impeachment, presented by 
the House before the Senate; if the judiciary should become venal or 
corrupt, it must pass through the same ordeal, and If the Legislature 
enacts a law that is unconstitutional, the Governor may interpose 
his veto and the courts may declare it a nullity. 

The officers created by the bill, as already stated, can make no law. 
hence, they are not legislative. The attempt to confer upon them 
Judicial powers prevents their appointment by the General Assembly. 
Xor can their election be justified on the ground that they are a court, 
for the Constitution after creating the appellate, circuit, county, 
quarterly, police and fiscal courts, declares: "No court save those 
provided for in the Constitution shall be established." 

There is an unbroken current of authority. State and Federal, de- 
nying the exercise of such power as that claimed in this measure. 
In State v. Kennon, 7 Ohio, 547, the court said : "The official or un- 
official character of the officers is to be determined * * * by the 
nature of the functions devolving upon them," and at page 500 de- 
clares: "To prescribe the manner of election or appointment to office 
in an ordinary legislative function; to make an appointment is an 
administrative function." 

Said the Supreme Court of Indiana (Langenberg v. Decker, l.''>.'^> 
Indiana, 478): "The powers of these departments are not merely 
equal, they are exclusive in respect to the duties assigned to each, 
and they are absolutely independent of each other. The encroach- 
ment of one upon the other is watched with jealous care, and is gen- 
erally pnmiptly resisted, for the observance of this division is es- 
sential to the maintenance of a republican form of government * * *. 
Tt can not be contended (470) that the State Board of Tax Commis- 
sioners belongs to the leii'islative denartment. * * * jf pan rot be 
successfully maintained that the Legislature could confer UDon the 
Goveinor and the princi])al officers of the State duties pertaining to 



136 PUBLIC DOCUMENTS OF 

tile judicial dcpaituu'iir. As the Slate JJcaid of Tax ('ommissiouei's 
18 iieithei' a legislative body nor a court, it uiust belong to the extc- 
utive and administrative department. That it does belong- to that 
department we think is too i)lain for argument. It is charged with 
executing certain provisions of the revenue law, and when it has 
performed that duty its function is ended." 

And, in Elvansville v. the State, 118 Indiana, 420, the same court 
declared: ''The power to appoint to office is an executive function, 
and while the legislative nmy provide by law for the appointment of 
all officers not provided for in the Constitution, the appointing 
power must be lodged somiiwhere within the executive department 
of the government.-' 

In the case of Supervisors of Election, 114 Massachusetts, 251, 
the Supreme Court decided, that an act of the Legislature which un- 
dertook to confer upon that court the power to appoint such super- 
visors was unconstitutional, and refused to make the appointment, 
saying: "These supervisors, although intrusted with a certain discre- 
tion in the performance of their duties, are strictly executive officers. 
* * * Their duties relate to no judicial suit or proceeding, but solely 
to the exercise by citizens of political rights and privileges. We are 
unanimously of opinion that the powder of appointing such officers 
can not be conferred upon the justices of this court without violat- 
ing the Constitution of this Commonwealth. We can not exercise 
this power as judges, because it is not a judicial function." 

Said the Supreme Court of Tennessee, Jones v. Perry, 10 Yer- 
ger, 59- 

''The whole judicial powder of the State being expressly invested 
in the courts by the Constitution, tlie exercise of it by the Legislature 
transcends the power intrusted to it by the Constitution, and can 
not be legally carried into effect." 

The Federal courts are more jtarticular, if possible, than the State 
courts, in preventing one department of government from exercising 
the powders of another. 

In McLean, acting commissioner of pensions, the court held that 
"the pension bnr-eau is not a court, nor can any officer thereof be 
invested wifh judicial functions," and that Congress was not author- 
ized to permit tlie ]»o.wer of a T'^nited States District Court to be in- 
voked to compel the attendance of a Avitness before a pension exam- 
iner (87 Fed. Rep., 048). 

In Kilbourne v. Thom])son. 103 V. S. S. C. TJ.. 108. the highest 
couit of the land held, that Congress could not punish a witness for 



GOVERNOR WILLIAM 0. BRADLEY. 137 

cnulcnipl. who refused to testify conceruiu''- the action of eeitain in- 
dividuals whose eouduct was then being investigated by a court, be- 
cause it was an invasion of the judicial department. 

In Field v. Clark, the same court said, 143 11. S. S. C. K., 692: 
"Congress can not under the Constitution delegate its legislative 
j>ower to the President." 

Judge Cooley, in his excellent treatise on constitutional law, page 
104, says: "But the apportionment to this department of legislative 
powers does not sanction the exercise of executive or judicial func- 
tions, except in those cases w^arranted by parliamentaiy usage, 
where they are incidental, necessary or jjroper to the exercise of legis- 
lative authority, or where the Constitution itself, in specified cases 
may expressly permit it." 

Again, at page 108, he says: ''The legislative power we under- 
stand to be the authority under the Constitution to make laws, and 
to alter and repeal them." He then quotes from Chief Justice 
Marshall, the greatest of American jurists: "The difference between 
the departments undoubtedly is that the legislative makes, the ex- 
ecutive executes, and the judiciary construes the law." 

Our ow^n appellate court has never hesitated, when one depart- 
ment invaded another to declare its action a violation of the Consti- 
tution. 

In Johnson v. Ferrell, 8 Ky. L. Rep., the court decided, that the 
Legislature had no right to dispense with allegations in a pleading 
essential to make out a cause of action in the courts of Jefferson 
county. 

In City of Louisville v. Cochran, 82 Ky., the court held, that an act 
of the Legislature fixing forms of a petition, restricting the defense 
and changing the rules of evidence, was unconstitutional. 

In Morgan v. Vance, 10 Bush, :^24, the court held, that an act of 
the Legislature which required that collectors of revenue should take 
an oath to support the Constitution and omitting the dueling oath, 
was unconstitutional because, under thp Constitution, the (rovernor 
alone can relieve tho citizen who has engaged in a duel. 

The opinion in Slaughter v. City of Louisville, 80 Ky., 12.S, forcibly 
and plainly defines the powers of the Legislature. Says the court: 
^'It seems to be well sellled that the Legislature as the law making 
department of the State Covernment, has no constitutional power 
to fix the valuation of property which is to be taxed upon ad valorem 
principles. 

"The reason foi- tlic inlc is. tlinl tlic Icuislaliv*^ department has no 



138 PUBLIC DOVUMEi^TH OF 

judicial, executive, or miuisterial powers, and as the valuation in 
ihis State belongs to the ministerial powers of government, it follows 
that the Legislature has no constitutional power to make the valua- 
tion." 

TJie opinion of Chief Justice Robertson in Taylor v. The Conimon- 
wealtli, 8 J. J. ]Mar., 401, seems to even more conclusively settle the 
absence of power in the Legislature to pass this bill. 

Said he, in delivering the opinion of the court : 

''Appointment to office is intrinsically executive," italicizing the 
word ''intrinsically" and capitalizing the word "executive." 

Nor, can the bill under discussion be justified by saying that the 
power of appointing election officere has been heretofore taken from 
the executive department and conferred on the judicial, in that, it 
has been vested in the county court, for it has been decided in Pen- 
nington V. Woolfolk, 79 Kentucky, 16 to 19, that the county courts, 
although classed in the judicial department by the Constitution 
and possessing judicial powers, are not exclusively judicial tribunals; 
that from their organization, to the present, executive powers have 
been conferred upon them, which have never been questioned; and 
tliat the long continued practical construction to be found in Ihe 
statute referred to, and which has been acquiesced in by the bar and 
all the departments of the government for more than three-quarters 
of a century, dispel all doubt as to the power of the Legislature to 
confer upon such courts powers that were not judicial. Continuing.. 
Ihe court says: "Since some of these statutes were enacted the Con- 
stitution has been twice amended and readopted. The convention 
must be presumed to have been well acquainted with the fact that 
these non-judicial powers had been conferred by various acts, and 
were being exercised by the county courts, and the readoption of the 
first article in the very words of the former Constitution, was a vir- 
tual recognition of the validity of the statutes by which these powers 
have been, from time to time, conferred." 

But in order to avoid the rule that "all appointments are intrinsic- 
ally executive," it is contended that the offices created by this bill 
are not appointed, but elective. Tliis can not cure the difficulty. The 
question at last is, are the offices legislative or executive? If the 
latter, then no power can select them in any way except the depart- 
ment to which they belong unless the Legislature sliould make them 
elective by the people, who are the sovereigns of all y)ower. As said 
in the Ohio decision. "the official or unofficial acts of the officers are 
to be determined bv the nature of the functions that are devolved 



GOVERNUR ^\^ILLIAM 0. BRADLEY. 139 

iipou tliein." Nor, c-au auylhing which is directly forbidden by the 
supreme Uiw of the State be accomplished by indirection. The Legis- 
lature can not elect officers except fliose who are necessary to per- 
fect its organization and enable it to discharge its official functions, 
and a United States senator. 

Section 15r> of the Constitution declares: "Except as otherwise 
herein expressly provided the General Assembly shall have power toi 
provide by general law for the manuer of voting, for ascertaining the 
result of elections, and making due returns thereof, for issuing cer- 
tificates to all persons entithnl thereto, and for the trial of contested 
elections." In other words, it may provide for the manner of voting, 
for the manner of making due returns, for the manner of issuing cer- 
tificates, and for the manuer of the trial of contested elections. If 
it is to provide for the MANNER of doing these things, by necessary 
implication it is forbidden from doing them. 

"Every positive direction in the Constitution contains an imi)lica- 
tion against anything contrary to it which would frustrate or dis- 
appoint the purpose of the provision." Ccoley's Constitutional Lim- 
itations, page 105. 

Says Mr. Cooley, page 78, supra: "When the Constitution defines 
the circumstances under which a right may be exercised, ***** 
the specification is an implied prohibition against legislative inter- 
ference to add to the condition." 

The bill under consideration assumes in the first place, the power 
of the Legislature, not only to create the offices and provide the 
manner in which the commissioners may be selected, but to arro- 
gate to itself the right to select them, and in this way over-ride the 
executive department whose duty it is to execute legislative man 
dates. But it may be said that it did provide the manner, to-wit: 
That it provides that the Legislature shall elect them. If this be 
true, that body can under the same reasoning, elect all the three 
hundred and fifty county commissioners, and every other appointive 
office in the Commonwealth. The exercise of such power would de- 
stroy the very object for which the legislative department was 
created. 

Section 107 of the Constitution declares: "The General Assembly 
may provide for the election or appointment for a term not exceed 
ing four years, of such other county officers or district ministerial 
and executive officers as may from time to time be necessary." Sec- 
tion 08, of the Constitution, among other things, provides: "Inferior 
State officers not specifically provided for in the Constitution, may be 



140 PUBLIC DOCUMENTS OF 

appointed or elected, Jii siu-li manner as may be prescribed by law, 
lor a term of not exceeding four years, and until their successors are 
api)ointed or elected and qualilied." It is manifest that the Legis- 
lature may provide the manner in which eyery infeiior State officer, 
not mentioned in the Constitution, may be elected or appointed; and 
also eyery county or district ministerial and executive officer as 
may from time to time be necessary. Will it be contended for a 
moment that the Legislature would have the power to api)oint or 
elect these officers, when the Constitution describes them as "•ex- 
ecutive and ministerial ofiticers?" That the Legislature may pre- 
scribe the manner of these appointments, so as to enable the executive 
department to discharge its duties and make effective the execution 
of the law, there can be no doubt. And there is as little doubt that it 
can not, of itself, appoint them, or in any way add to or subtract from 
the power conferred upon it by the Constitution. It will be observed 
that the object of sections 93 and 107 was not to enable the Legis- 
lature to provide for the creation of officers, who were to assume the 
duties already conferred upon constitutional ofificers, but to dis- 
charge other duties, which might, from time to time, be rendered 
necessary by improvements that might be suggested or new offices 
that might become necessary. 

If all that is necessary to enable the Legislature to exercise a power 
vested in another department, is the enactment of a law authorizing 
it so to do, then it may destroy the usefulness of the other depart- 
ments, and constitute itself supreme dictator. The officers created 
by the bill are inferior State officers, not especially provided for in 
the Constitution, described in section 93 supra, and that section au- 
thorizes their appointment or election in such manner as may be 
prescribed by law, the election referred to evidently being by the 
people and the appointment by the executive department. If the 
framers of the Constitution intended to confer the pow(n' of election 
and appointment u]>on the legislative de])arrment, they would have 
provided in so many words that they should be elected or appointed 
by the Legislature, for if such ]>ower was intended to be conferred 
upon it by the organic law, why should the Legislature be required 
to enact a law^ authorizing it to exercise that power? The bill is 
nnconstitutionat for another reason: The State Board is composed of 
State officers, for tl\eir jurisdiction extends to and covers tlie whole 
State. This being true, th.e Tiegislature could not fill, nor could it 
authorize the board to fill vacancies, even though it had the power 
originally to create and elect then:, f(U' ii must be borne in mind that 
thf^se are elective officers as now constituted. 



GOVERNOR WILLIAM 0. BRADLEY. 141 

Section 152 of the Constitution declares: '^Except as otherwise pi\»- 
vided in the Constitution, vacancies in all elective offices shall be 
tilled by election or appointuieut. * * * A'acancies in all offices for 
^he State at large, or for districts larger than a county, shall be filled 
by appointment of the Governor.*' 

r.ut there is another even more serious objection to the bill, and 
that is, that it is in direct conflict with the bill of rights, which is 
"excepted out of the general powers of government, and is declared 
10 forever remain inviolate." (Section 2'-'>, Constitution.) In this sa- 
cred declaration is found the xevy esseuce of republican form oi 
government, and its invasion is a desecration of the very altar of 
constitutional liberty. 

The sixth section declares: "All elections shall be free and equal." 
Appreciating the fact that the fair, intelligent, free and equal exer- 
cise of the ballot was the bulwark of freedom, which would success- 
fully resist every encroaching wave of despotism, the patriotic 
framers of the supreme law^ of the State solemnly, deliberately and 
wisely inserted this emphatic provision; and any legislative or ex- 
ecutive act, any judicial decision, which prevents or hampers the 
freedom or equality of elections is an usurpation. The question with 
which we are confronted at the threshold is, "can and will all elec- 
tions be free and equal," when regulated by this measure. Since the 
institution of our State Government, the appointment of election 
officers has been conferred upon the county author-ities of each 
county, and in this way each subdivision of the State has been guar- 
anteed a voice in local self government. The officers upon whoni 
thei-e duties have been devolved are elected by the people, who have 
faith and confidence in them. For more than a century there 
has been but 'slight com])laint of these officers, and the wisdom 
of their selection has been proven by the test of time. Why 
:s it necessary at tliis late day to obliterate these old landmarks, 
and erect new and untried standards under which to conduct elec- 
tions? It can not be because a new clnss of citizens have become 
voters, for this occurred more than a quarter of a century ago. 

In my opinion, tlie reason declai'ed iu the emergency clause does 
not exist. The plectioiis of 1895. ISnO. and ISO" demonstrate that 
it does not. In 1805. for the first time, the Re|)ublican ]»arty came 
into power in this State by a Ttlurality of a little less than nine thou- 
sand, but no contest was made, and those elected quietly took their 
places. The General Assembly convened th(^ following year and 
did not sf e any necessity for the passage of such a bill as this, or any 
bill looking to the snj^pression or prevention of frauds in elections. 



142 PUBLIC DOCUMENTii OF 

In November, 189G, the Kepublicaii plurality was only a few bun- 
dled, souie complaints wcie made as to two districts, one Demo- 
cratic and tlie other Reiniblican, but it appeared that no more votes 
were cast than the number shown hy the assessor's books, and again 
no contest was made, each person elected being accorded his place. 
In March, 1897, another Legislature met, and although it had au- 
thority under the call, passed no law to prevent frauds in elections. 

In 1897 the verdicts of 1895 and 189G were reversed by a plurality 
of near seventeen thousand. ' Complaint was again made of fraud in 
the same two districts and another, but no contests were made. 

In the light of these events it does not appear that there have been 
any frauds i)eri)etrated in elections which demand or justify the 
adoption of this law or the declaration in the emergency clause. But 
if the declaration as to frauds be true, the question arises, will the 
legislation now^ enacted prevent the recurrence of the frauds com- 
plained of? 

If, with tlie machiner}- in the hands of so many local agencies, di- 
vided politically and being required to recognize equally two parties 
in the appointment of election officers, frauds can not be prevented, 
how can it be expected that like occurrence may be prevented by con- 
centrating and centralizing the entire election machinery of the 
State in the hands of three commissioners of one political party, with- 
out any restriction being placed upon them by way of bond and no 
criminal prosecution provided against them, for any violation of 
Jaw, or misfeasance or malfeasance in office. 

These officers, in case the Greneral Assembly should not be in ses- 
sion, may supjdy vacancies on the board, and one member may ap- 
point persons to take the places of both the others. A like power is 
given the county boards to appoint election officers, temporarily how- 
ever, the permanent appointment to be made by the State board. 

The State commissioners have the power to remove any member 
of the county board and supply the place at pleasure at any time, 
and the county board the right to remove any officer of election and 
supply the vacancy at any time. The county board is required to 
keep a record which shall be public, but the State Board is not re- 
quired to keep a record which shall be public, so that the latter may 
hold themselves free from public insf>ection and criticism. The State 
Board not only governs the whole machinery in providing local offi- 
cers, but is given powder to count the votes at the Capital when the re- 
turns are sent in for Governor, Lieutenant-Governor and other officers 
•elective by the whole State or more than one county, judges and clerk 



1 



GOVERNOR WILLIAM 0. BRADLEY. 143 

•of the Court of Appeals, circuit judj^es, (Jouiuioiiwealth's attorneys, 
representatives in Congress and electors for President and Vive Pres- 
ident. In addition, it i^ made a board for determining contested 
<?lections, orlier than (xovernor and Lieutenant-Governor, of any 
officer ek^ctive by the whole State, or of a judge or clerk of the Court 
of Appeals, circuit judge or (Jommonw»^alth"s attorney, and from its 
decision there is no appeal. 

In the first place the board, when the Legislature is not in session, 
may perpetuate itself by filling vacancies; in the second it may ap- 
point or remove every county commissioner in the State; in the third 
it canvasses the returns of all the important offices named; in the 
fourth it hears contested elections as stated, thus reviewing and 
completing its own acts, and in the fifth place its decision is abso- 
lutely final. 

The county board is given the power to appoint officers to conduct 
elections, canvass the returns, aud decide contests in all county of- 
, fices, except members of the General Assembly. Their action is also 
final, for no appeal is provided, and it is declared that there "shall 
be a board in each county with like powers as those mentioned in 
section 12," conferred on the State board. 

In view of all the extraordinary powers conferred, is it possible, 
much less probable, that the bill is calculated to prevent fraud, or to 
make all elections free and equal? 

And is it not "better to bear the ills we have than fly to others 
that we know not of?" 

By this bill local self government is denied the people, and all power 
centralized in the hands of a triumvirate that has more power than 
any court in the Commonwealth. Clothed with both judicial and 
ministerial functions, having no legislative attributes, it neverthe- 
less stands out in bold relief, the creature of the Legislature, beyond 
the control of courts and jui'ies, the supreme power of the State and 
the absolute master of the people. 

The bill is unconstitutional for another reason. 

Section 51 of the Constitution declares, that "No law * * * shall 
be revised, amended, or the provisions thereof extended or conferred 
by reference to its title only, but so much thereof as is revised, 
amended, extended or conferred shall be re-enacted and published 
at length." 

Webster defines "amend" to mean, "by substituting something in 
the place of that n^moved." 

The bill substitutes the State commissioners in the place of the 
f^tate Returning Board and State Contesting Board, both of which 



144 PUBLIC DOCUMEXTS OF 

it necessarily removes; it substitutes tlie county commissioners in the 
place of Liie county judges, tliereby removing tliem as tlie agents 
to api)oiut election oltjcers. It not ouly amends the election law, 
but "revises" its provisions and "extends" them. And while it does 
all this, it does not "re-enact the sections" thus amended "and i)ub- 
lish them at length." 

A comparison of the bill with the act of 1892, will show that sec- 
tions 3, 5, 9, V2 and i:> are amendments to section 2, of article 3, 
sections 1 and (5 of article 5, sections -i and 4 of article 8, of the act 
of 1892. In fact, the bill as constructed leaves in doubt to some ex- 
tent what the Kentucky law of election is. 

All this should have been made plain by clearl}^ setting forth the 
sections as amended in their appropriate order. 

Another serious objection presents itself: Under the bill an elec- 
tion might be rendered impossible, and thus the people ]»rev('iited 
from selecting any officers for two years. If vacancies occur while 
the Legislature is not in session, they can be supplied only by the 
reniiiining members of the State board. Suppose the members should 
die, or two die and one become insane, or that from any unforeseen 
cause all should be rendered unable to act, then the vacancies could 
not be supplied until the meeting of the Legislattire in 1900. 

It is clear to my mind, however, that section 55, of the State Con- 
stitution, contains a provision which will prevent this bill from be 
coming a law until ninety days after the adjournment of the General 
Assembly. If this be true, no election for commissioners can be had 
during the present session, and thus, what I believe to be its bad 
effects postponed, at least until the meeting of the next General As- 
sembly, until w'hich time the State commissioners can not be elected. 
Said section is as follows: 

"No act, except general appro}n'iation bills, shall become a law until 
ninety days after the adjournment of the session at which it was 
passed, except in cnses of emergency, when, by the concurrence of 
the majority of the members elected to each House of the General 
Assembly, by a yea and nay vote entered upon their journal, an act 
may become a law when approved by the Governor," etc. 

The object of this section was to give the public notice of the con- 
tents of every act j>assed for three months before it became a law, 
except when the relief given by legislation was of such a character 
that some great public emergency rendered it necessary that it 
should go into effect at an early date. 

Of this emergencv, the General Assemblv and the Governor are 



GOVERNOR WILLIAM 0. BRADLEY. 145 

luude the judges, thus recognizing ihe checks and buhinces of the 
departments, which lil^e a scarlet thread runs throughout the funda- 
mental law. It has been said that if the (xovernor was disposed to 
engage in an unlawful act, which demanded for its suppression the 
enactment of an emergency clause, the Legislature would be power- 
less to accomplish anything. It may be baid with e(iual force, that 
if the Legislature in order to accomplish an unlawful purpose incor- 
porates an emergency clause, the Governor can prevent its accom- 
plishment by refusing to approve the bill. 

The framers of the Constitution intended to prevent any emergency 
legislation ovei' the head of the Governor. Had this not been the in- 
tention, the old Constitution would not have been changed in this 
respect, but bills allowed to go into effect at such time as might be 
fixed by the General Assembly. As the Constitution now stands, 
there is a sj)ecific time upon the happening of a certain contingency 
when the law takes effect, and that is, it "may become a law WHEN 
approved by the Governor." 

The addition to the bill of the words "or its passage," is unau- 
thorized by and in conflict with the organic law of the State. 

Respectfully, 

(Signed ) WILLIAM 0. BRADLEY, 

Governor of Kentucky. 



146 PUBLIC DOCllMENTt^l OF 



VETO GERRYMANDER 8TH CONGRESSIONAL DISTRICT. 



coaimonwealth of kentucky, 1 

Executive Department, > 

Frankfort, Ky., March 10, 1898. J 

To the Senate of Kentiicki/: 

Gentlemen : I return Senate Bill No. 54 without approval. 

Subdivision 3 of section 2, article 1, Constitution of the United 
States, provides that the first enumeration for apportionment of 
representatives in Congress shall take place within three years after 
the first meeting of Congress and within every subsequent term of 
ten years, in such manner as they may direct. 

From time to time since the first apportionment. Congress haa 
enacted laws regulating the same. 

In each of them, so far as I have been able to find, there is incor- 
j)orated the injunction that representatives in Congress should be 
elected by "districts composed of contiguous territory, and contain- 
ing as nearly as practicable an equal number of inhabitants," etc. 

In 1890 the General Assembly of Kentucky passed a bill re-ap- 
portioning the State into eleven congressional districts. Such bills 
have been passed every ten years since the first apportionment was 
haade, and it was evidently the intention of the law that such legisla- 
tion should not be indulged in oftener. 

It is clear that Congress has the power to lay down the require- 
ment in the various statutes as to how these districts should be ap- 
portioned. State Legislatures may designate the counties, but in 
doing so must observe the rule that the districts shall be composed 
of contiguous territory and contain as nearly as practicable an 
tMjual number of inhabitants. 

The act of 1890 was not in conformity to the act of Congress, but 
no objection was made to it. 

The districts apportioned under that act contained the following 
populations according to the last census: First District, 170,530; 
Second District, 174.805; Third District, 170,194; Fourth District, 
185,385; Fifth District, 188..598; Sixth District, KiO.OlO; Seventh 
District, 141,461; Eighth District, 142,026; Ninth District, 176,177; 
Tenth District. 147,294; Eleventh District, 186,460. 



GOVERNOR WILLIAM 0. BRADLEY. 147 

It will be seen that tlie population of the districts range from 
141,4G1, to 188,598. Owing to the urban character of the Fifth 
District, which was entitled to but one congressman, its population 
may be accounted for; but there is no reason why the difference 
should be so great between the populations of outlying districts, 
•ind it is clear that the United States statute was violated. 

It is apparent that the object of the act of 1890 was, not to appor- 
tion the State into districts as nearly as practicable equal in the 
number of inhabitants, but to change the political status and to give 
the dominant party in the State a representation to which it was 
not entitled under the act of Congress. 

And it is even more apparent that the present bill has in view 
the same object, the taking of Jackson county from the Eighth 
District, whose inhabitants number only 142,026 under the last 
census, and placing it in the Eleventh District, whose inhabitants 
number 180,460 under the same census, thereby decreasing the popu- 
lation of the Eighth District to 134,410 and increasing the popula- 
tion of the Eleventh to 194,670, and it can not be contended for a 
moment, was done in order to make as nearly equal as practicable 
the number of inhabitants in each district. 

And to make the spirit of legislation even plainer if possible, an- 
other bill has been since passed, by which the counties of Monroe 
and Cumberland, with 19,434 inhabitants have been taken from the 
Third and added to the Eleventh District, while Metcalfe, with a 
population of 9.871, has been taken from the Eleventh and added to 
the Third. So that, if both bills should become laws, the popula- 
tion of the Eleventh District will be increased to 204,339, being 09,- 
829 more than the population of the Eighth. Under the apportion- 
ment of the act of 1890 the State in 1890 gave a small Republican 
plurality. 

Only four Republican congressmen were elected, however — a lit- 
tle over one-half of the number elected by the Democrats. This 
would prima facie indicate that the act of 1890 was not drawn in 
conformity to the act of Congress. The present bill is a palpable 
violation of the national law, and is doubtless intended to reduce 
the number of Republican congressmen to three, thereby inflicting 
greater injustice than the act of 1890. The effect of the bill is to 
deny representation to the people of the State through the party of 
tJieir choice, and override an express 7)rovision contained in the act 
of Congress. 

Respectfully. 
(Signed ) WILLIAM O. BRADLEY, 

Governor of Kenfiickj/. 



148 PUBLIC DOCUMENTS OF 



VETO BILL REGULATING INTER=STATE TELEGRAMS. 



(vOMMON WEALTH OF KeNTUCKV", "l 

Executive Department, > 

Frankfort, Ky., March 10, 1898. J 

Gentlemen of the House of Representatives: 

Herewith is returned House Bill 172, without signature. 

The bill interferes with commerce among the States. 

A company which at its own expense gathers news from a part 
or all the States and Territories of the Union, and in turn sends it 
out to all or a portion of these States and Territories, has the right, 
in order to protect itself from loss and insure safe and competent 
service, to furnish the same to such newspapers as it may choose, 
upon an agreement with them to pay for it what is considered a just 
recompense. And if, in order, to make these contracts it becomes 
necessary to stipulate that only those newspapers which agree to 
pay for such service shall be entitled to the telegrams, such contract 
is not against public policy. 

The State has no right to interfere with commerce among the 
States or to restrain it in any way, except in the exercise of its 
police power, which power is in nowise involved in or exercised by 
the State in this bill. Section 8, of article 1, Constitution of the 
United States, places the power to regulate commerce among the 
States entirely within the control of Congress, and every court of 
the Union. State and Federal, concedes that no other branch of the 
government and no State can in any way interfere with Congress 
in this respect. 

In W. U. T. Co. V. Texas, 105 U. S. S. C. R. 460, it was held, that 
the telegraph is an instrument of commerce, and that the State 
could not place a specific tax on messages sent out of the State. 

In W. U. T. Co. V. Pendleton, 122 U. S. S. C. R. .347, the same 
court held, "intercourse by telegraph between the States is inter- 
State commerce, and the State has no authority to regulate the 
transmission of telegraph messages into other States and their deliv- 
ery therein." And a statute of Indiana attempting so to do was 
held an interference with the freedom of inter-State commerce. 



GOVERNOR WILLIAM O. BRADLEY. 149 

To the same general effect see Lelouf v. Port of Mobile, 127 U. S. 
S. C. K. 640. 

The messages sent by the Associated Press Company are essentially 
from one State to another, and no more control can be exercised over 
them than could be exercised over any other dispatch of a similar 
character. The power to regulate such companies is lodged alone 
in the Congress of the United States, 

Respectfully, 

(Signed ) WILLIAM 0. BRADLEY, 

Governor of Kentucky. 



VETO BILL REPEALING GUARD SECTION MOB LAW. 



Commonwealth of Kentucky, I 

Executive Department, f 

Frankfort, Ky., March 11, 1898. J 

Gentlemen of the House of Representatives: 

Gentlemen: Herewith is returned House Bill No. 102, without 
approval. 

The State of Kentucky owned stock in turnpikes in 1895 worth 
four hundred thousand dollars, on which dividends amounting to 
near twenty-four thousand dollars, were annually paid. The money 
with which this stock was purchased was raised by taxing the 
people of the whole State. This was done to encourage the building 
of good roads and the development of the resources of the State. 

The residue of stock in the various turnpikes is owned by the coun- 
ties which taxed the peo]tle thereof in order to purchase it. and public 
spirited citizens who invested their money to assist their various 
localities, expecting as a matter of course that they would be pro- 
tected in the use and enjoyment of their property. 

The State stock was turned into the sinking fund and sacredly set 
apart by the Constitution for the payment of the State's indebted- 
ness, with the injunction that it should not be diminished until that 
debt was paid. (Section 48.) 



150 PUBLIC DOCUMENTS OF 

A few years ago the idea was conceived of makiug all the roads 
free, and for that purpose the fiscal courts of the various counties 
were empowered to by them. To accomplish this the counties were 
empowered to vote to free the roads and for the issuance of bonds 
with which to pay for them. 

Subsequently, votes were taken in many, if not all, the counties 
where turnpikes were situated, freedom of the roads, I believe, carry- 
ing in all of them, but in many instances while it was voted to make 
the I'oads free, the issual of bonds w'as defeated. There was no 
other manner possible by law in which to pay for them, and the effect 
of these votes w as to free the roads without compensation. 

Of course in such instances, the roads could not be made free by 
law, and a discontent began to manifest itself among those who were 
unwilling to pay for the roads or wait until other votes were taken 
for the issuance of bonds. This developed into the systematic or- 
ganization of bands of worthless vagabonds, the members of which 
were unable to pay either tolls or taxes, inspired with the belief 
that all others should be as worthless as themselves and that the 
owners of turnpike stock were the enemies of society. They went 
forth armed and masked, in the night time, destroying toll gates 
and toll houses, in some instances robbing the keepers and 
terrorizing in many localities the better element of society. To them, 
a little later was added a number of active sympathizers who (in 
many instances, foreseeing that such conduct would result in destroy- 
ing the value of turnpikes, and the taxes levied on their property to 
pay for them would thereby be materially lessened), did not hesitate 
to approve their unlawful acts. 

The openly expressed sympathy of this respectable element added 
new zeal and ardor to the cowards and midnight marauders, who 
had defied law and order, and disgraced the fair name of the State. 
I have no words in which I can fittingly express condemnation for 
either of the classes named, or the evil deeds which have resulted 
from their alliance. 

In order to stay the tide of ruffianism which was sweeping over 
the State, a bill wtis enacted by your immediate predecessors; and 
under all sorts of difficulties, with the officers in many sections act- 
ing hand in glove with the violators of the law, I have done every- 
thing in my power to enforce it. Nothing has operated so seriously 
to prevent such enforcement as the openly expressed sympathy of 
respectable people. 

During the present session these crimes have multiplied, gates 



GOVERNOR WILLIAM 0. BRADLEY. 151 

have been cut down, houses blown up, and to add to the horror of 
the situation, organized bands have taken human life with the gun, 
the bludgeon and the halter, and yet the law seems a dead letter and 
in many instances the peace officers dazed, paralyzed, or in accord 
with the fiends who have placed an indelible stain upon the escutch- 
eon of the Commonwealth. 

I called the attention of your honorable body to the terrible state 
of affairs existing at the time of your meeting, and earnestly recom- 
mended the passage of other laws to strengthen the hands of the 
executive and prevent the continuance of crime. No such legisla- 
tion has been enacted, but in its stead, three sections of a statute, 
which were intended and well calculated to restrain mob violence, 
have been repealed by the measure now under consideration. 

The Constitution of the United States was ordained among other 
things — "to establish justice, insure domestic tranquillity, promote 
the general welfare and secure the blessings of liberty." One of its 
cardinal principles is, that no man "shall be deprived of life, liberty 
or property without due process of law; nor shall private property 
be taken for public use without just compensation." The same 
rights are declared to exist in sections 11 and 1.3 of the Kentucky 
Bill of Rights. 

It is idle to boast of these safeguards and the great excellency 
of our government if any of the restraints now imposed upon law- 
lessness are to be removed. 

I know it has been said that turnpike companies should pay for 
their ow^n guards. Tf this rule is to be adopted, the State on account 
of its stock w^ould become paymaster for a large amount of such ex- 
penditures and in this way, instead of the counties where these raids 
are made, being compelled to pay to prevent lawlessness of their ow^u 
people, the entire people of the State, although a large majority of 
the counties are at i)eace, will be forced to pay the money expended 
by the State because it is raided by general taxation. 

It is not the corporations alone w^ho are protected by the sections 
repealed, but the State, the county and the stockholders as well. 
Besides, these persons, or the corporate body for them, pay taxes to 
support the State and county governments. This being the case, 
it 'is but just and proper that they should be protected. Besides, un- 
der the sections named, every citizen of the State may invoke protec- 
tion of his property from destruction at the hands of the mob. 

It is said, too, that designing men have in some instances attacked 
toll gates, in order that they might be called out at public expense 



152 PUBLIC DOCUMENTS OF 

to guard them. This may or may not be true; I know of no authenti- 
cated case, however. But whether true or false, it may well be said 
in response, that if the local autJiurities would do their duty, such 
conduct would be rendered precarious, and those who engage in it, 
detected and punished. Even though such practice has been in- 
dulged in, it by no means folloAvs that those who are actually threat- 
ened or assailed in their possession should be entitled to no protec- 
tion. 

Private property can not be taken for public use without just com- 
pensation. The object of the sections repealed was to prevent this 
being done, and as the repeal of the sections withdraws from the citi- 
zen a necessary protection (now guaranteed by law) to which he is 
entitled under the Constitution, the bill is not only subversive of 
good government, but unconstitutional. 

It is recited in the bill: ''Whereas, A great number of guards 
are now being ordered under the provisions of said sections 5, 6 and 
7, of the aforesaid act at a great expense to different counties in the 
State, an emergency is declared to exist, and this act shall take 
effect and be in force from and after its approval by the Governor." 

It is not claimed in this emergency clause, that these guards are 
improperly on duty, and as they were ordered out by officers of the 
government, the pi^esumption is that it was because of necessity to 
protect property. This being true, the reasons declared for an 
emergency show conclusively that no emergency exists. 

The bill provides that it shall ''take effect and be in force from 
and after its approval by the Governor." 

This being the case, it will not take eft'ect, at any rate until ninety 
days have elapsed after adjournment, because I can not and will not 
approve it. Respectfully, 

WILLIAM O. BEADLEY, 

Governor of Kentucky. 



GOVERNOR WILLIAM 0. BRADLEY. 153 



VETO GERRYMANDER 3D CONGRESSIONAL DISTRICT. 



Commonwealth of Kentucky, 

Executive Depautment. 
Frankfort, Ky., March 12, 1898. 



To the Senate of Kentuckt/: 



Gentlemen: I return Senate Bill No. 194 without approval. 

Subdivision 3 of section 2, article 1, Constitution of the United 
States, provides that the first enumeration for apportionment of 
representatives in Congress shall take place within three years after 
the first meeting of Congress and within every subsequent term of 
ten years, in such manner as they may direct. 

Fj'om time to time, since the first apportionment, Congress has 
enacted laws regulating the same. In each of these, so far as I have 
been able to find, there is incorporated the injunction that represen- 
tatives in Congress should be elected by "districts composed of con- 
tiguous territory, and containing as nearly as practicable an equal 
number of inhabitants," etc. 

In 1890 the General Assembly of Kentucky passed a bill reappor- 
tioning the State into eleven congre^^sional districts. Such bills 
have been passed every ten years since the first apportionment was 
made, and it was evidently the intention of the law that such legis- 
lation should not be indulged in oftener. 

It is clear that Congress has the power to lay down the require- 
ment in the various statutes as to how these districts shall be ap- 
Itortioned. State Legislatures may designate the counties, but in 
doing so must observe the rule that the districts shall be composed 
of contiguous territory and contain as nearly as practicable an equal 
number of inhabitants. 

The act of 1890 was not in conformity to the act of Congress, but 
no objection was made to it. 

The districts apportioned under that act contained the following 
])opulations according to the last census: 

First District, 170,530; Second District, 171,80.5; Third District. 
176.191; Fourth District, 185,385; Fifth District, ]88,.598; Sixth Dis 
Irict. 160,649; Seventh District, 141,461; Eighth District. 142,626: 
Ninth District. 176.177: Tenth District. 147.204; Eleventh District, 
186,460. 



154 PUBLIC D0CL\]JENT8 OF 

It will be seen that the population of the districts range from 141,- 
461 to 188,598. Owing to the urban character of the Fifth District,, 
which was not entitled to but one congressman, its population may 
be accounted for; but there is no reason why the difference should 
be so great between the populations of the outlying districts, and it 
is clear that the United States statute was violated by the act of 
1890. 

It is apparent that the object of that act was not to apportion the 
State into districts as nearh' as practicable equal in the number of 
inhabitants, but to change the political status and give the dominant 
party in the State a representation to which it was not entitled under 
the act of Congress. And it is even more apparent that the present 
bill has in view the same object. The taking of Monroe and Cumb- 
erland counties from the Third District, whose inhabitants number 
only 176,194, and placing them in the Eleventh District, whose in 
habitants number 186,460, and taking from the Eleventh District the 
county of Metcalfe and placing it in the Third District, thereby de- 
creasing the population of the Third District to 169,681 and increas- 
ing the population of the Eleventh District to 196,023, can not be 
contended for a moment was done in order to make as nearly equal 
as practicable the number of inhabitants in each district. And to 
make the spirit of legislation even plainer, if possible, another bill 
has been passed at the present session by which the county of Jack- 
son, with 8,216 inhabitants, has been added to the Eleventh District, 
increasing the number of its inhabitants to 204,239, and reducing 
the number of inhabitants in the Eighth District to 134,410. 

Under the apportionment of the act of 1890, the State in 189() 
gave a small Republican plurality. Only four Republican congress- 
men were elected — a little over one-half of the number elected by the 
Democrats. This would prima facie indicate that the act of 1890 
was not drawn in conformity to the act of Congress. The act under 
consideration, however, does not leave in doubt the purpose to cur- 
tail Republican re])resentation in Congress. 

The effect of the bill is to deny representation to the people of the 
State through the party of their choice, and override an express 
provision contained in the act of Congress. 
Respectfully, 

WILLIAM O. BRADLEY, 

(jovcruor of Kentucky. 



GOVERNOR WILLIAM 0. BRADLEY. 155 

VETO GERRYMANDER APPELLATE DISTRICTS. 

Commonwealth op Kentucky, ^ 

Executive Department, |- 

Frankfort, Ky., March 14, 181)8. J 

To the Senate of Kentucky: 

Gentlemen: Senate Bill No. 15G is returned without approval. 

On June 17, 1893, a bill passed by the General xXssembly of thi\ 
Commonwealth, was approved, by which the State was divided 
into seven appellate court districts. The present bill undertakes to 
changfe the boundaries established by that law, so as to exclude the 
county of Whitley from the third appellate district; and the counties 
of Harlan, Leslie, Perry, Bell and Letcher from the seventh appel- 
late district and include all of them in the fifth appellate district. 

Section 116 of the Constitution of Iventucky provides: "The 
judges of the Court of Appeals shall be elected by districts. The 
General Assembly shall, before the regular election, in 1894, divide 
the State by counties into as many districts, as nearly equal in pop- 
ulation and as compact in form as possible, as it may provide shall 
be the number of the judges of the Court of Appeals, and it may, 
every ten years thereafter, or when the number of judges require it, 
redistrict the State in like manner. I'^pon the creation of new or 
additional districts, the General Assembly shall designate the year 
in which the first election for a judge of the Court of Appeals shall 
be held in each district, so that not more than the number of judges 
provided for shall be elected, and that no judge may be deprived of 
his office until the expiration of the term for which he was elected.'' 

The reason that the arranging of other districts was provided 
for was, that section 118 of the Constitution changed the number 
of judges from four to not less than five nor more than seven. 

It was therefore incumbent on the Legislature to reapportion 
the State into as many as five districts, and if it should conclude to 
make no more districts at that time, it had authority to create the 
other two whenever it saw proper. 

The General Assembly, after the establishment of the five dis- 
tricts, had the authority every ten years thereafter, to redistrict th<^ 
Stnte in like manner. 

The General Assembly. howoA^er, determined that the court should 
consist of seven judges, and in 1893 divided the Stnte into seven dis- 
tricts. 



156 PUBLIC JJOCUMENTti OF 

Haviug therefore, fully accoiuplisheil the powers aud duties de- 
volved upou it, it has no right, until after the expiratiou of teu 
years from the hrst apportioumeut, to again redistrict the State. 
If it has no power to redistrict the State, it surely has none to 
redistrict a portion of it, for the withholding of the major power 
includes the withholding of the minor. The whole necessarily in- 
cludes all its parts, the mentioning of one power excludes all 
others. The eiiect of the present bill, however, is to redistrict the 
State by making changes in the three districts, for it by implication 
declares that the others shall remain as at present constituted. Nor 
is the bill a mere changing of counties from one district to another, 
but the distinct formation of three new districts by taking a county 
or counties from two and placing them in another, and re-enacting 
The law, specifically naming the counties constituting each of the 
three districts. If the Legislature may change these districts at 
pleasure, it may change all, and yet contend that it is not a redis- 
tricting, but merely changing the districts. 

I know it is contended that the Constitution does not say posi- 
tively that the General Assembly shall not redistrict the State for 
tf'U years. This is entirely unnecessary. The power to district and 
redistrict every ten years thereafter is a specific, defined power, 
and can not be contracted or enlarged. Both time and manner hav- 
ing been explicitly stated, no other time or manner can be implied. 
Jf the intention of the Constitution was to give the Legislature full 
power to redistrict at pleasure, it was entirely unnecessary to have 
said anything concerning the time or manner of redistricting the 
State, except that the power should be exercised whenever deemed 
necessary. 

The people are the repository of all power. In adopting the Con- 
stitution in which was granted a power with directions as to its ex- 
ercise, all other powder w^as withheld. "Plenary power in the Leg- 
islature for all purposes of civil government is the rule. A prohi- 
bition to exercise a particular power is an exception. In inquiring, 
therefore, whether a given statute is constitutional, it is for those 
who question its validity to show that it is forbidden. I do not 
mean that the power must be expressly inhibited, for there are but 
few positive restraints upon the legislative power contained in 
the instrument. * * * lint the affirmative prescriptions, and the 
general arrangement of the Constitution are far more fruitful of re- 
straints upon the Legislature. Every positive dire^otion contains 
an implication against anything contrary to it, or which would frus- 



GOVERNOR WILLIAM O. BRADLEY. I57 

trate or disappoint the purpose of that provision." People v. 
Draper, 15 N, Y., 532, 543. This authority is approvingly quoted in 
Cooley's Constitutional Limitations, page 105. 

Says Mr. Cooley, page 78, supra: "Another rule of construction is, 
that when a Constitution defines the circumstances under which a 
right may be exercised or a penalty imposed, the specification is an 
implied prohibition against legislative interference to add to the 
condition, or extend the penalty to other cases." 

The act of 1893 was not framed in accordance with the provisions 
of section 116, Constitution; in this, the districts were not "as nearly 
equal in population and as compact in form as possible." By the 
use of this last word, we must assume, that the makers of the funda- 
mental law, did not intend that there should be any latitudinous con- 
struction. Hence, the words "practicable" or "convenient," were 
not employed, but in their stead, the word "possible," which Mr. 
Webster defines as meaning, "capable of being done." 

Notwithstanding this plain requirement, the districts created, 
range from a population (excluding the fourth, located in Jefferson 
county) of 227,330 to 307,835; while their areas extend from 4,353 
I0 7,987 square miles. 

Elections have been held since the apportionment in five of 
these districts, to-wit: The first, second, fourth, fifth and sixth, 
resulting in the selection of three Republicans and two Demo- 
crats, although when the districts were created each of them was 
Democratic. State elections since their creation have demonstrated 
that the third and seventh, in which elections are soonest to be 
held, are probably, if not certainly. Republican; hence, the reason for 
the present changes. And if these changes can be constitutionally 
made, counties may be shifted from one district to another, when- 
ever desirable, in such way as to at all times have each district in 
the State give a majority for the dominant party. In this way many 
counties may be prevented from having a voice in the selection of 
an appellate judge, and thus their people deprived of their ronsti- 
tutional privileges. I am told, that owing to this character of legis- 
lation, the people of the county of Whitley have not been allowed 
to vote in the election of an appellate judge for more than seventeen 
years. 

P»y the present bill, the population and area of the third, fifth and 
seventh districts ar(^ as follows: 



158 PUBLIC DOCUMENTS OF 

Population. Square Miles. 

Third 273,321 7,237 

Fifth . . • 300,143 8,521 

Seventh 185,018 5,745 

There can not be even a pretense that these districts as now ap- 
portioned, are as nearly equal in population or as compact in form 
as possible. 

It will be remembered, too, that there will be no election in the 
flfth district until 1904, and doubtless this may account for the 
overwhelming Republican majority in that district as now consti- 
tuted, which may be easily remedied, however, during the time 
which will elapse, by the application to it of like treatment contained 
in the present bill. 

The purpose of section 116 of the Constitution, was to remedy the 
defects of the old system and make the opportunity for such legis- 
lation, as that contained in the present bill, impossible. 

Respectfully, 

WILLIAM O. BRADLEY, 

Governor of Kentucky. 



GOYERNOli WILLIAM O. BRADLEY. 159 

VETO RESOLUTION DONATING MONEY TO MRS. BENNETT. 

Commonwealth of Kentucky, 1 

Executive Depart uent, ?• 

Franidort, Ky., Maieh 14, 1898. J 

To the Senate of Kentucky: 

Gentlemen: Senate Kesolution No. o is herewith returned without 
approval. 

On the twenty-seventh day of March, J BOO, I vetoed a resolution 
framed in substantially the same words as this. 

Since that time, I have had no reason to change the opinion then 
entertained. 

Sympathy for the living and respect for the dead should not con- 
trol in a matter of this character. That either emotion might prompt 
those who are generous to contribute liberally from their own means 
can not be denied; but such emotions do not justify an expression of 
generosity at the expense of the tax-payers of the State. 

This resolution appropriates out of the treasury the sum of thir- 
teen hundred and twenty-seven dollars, being the salary of a judge 
of the Court of Appeals during the period named therein. 

On the sixteenth day of August, 1894. the successor of Judge 
Bennett was appointed and served out the fraction of Judge Ben- 
nett's term. So that, during the period covered by the resolution, 
save seven days, the State was paying the full salary to Judge Ben- 
nett's successor. 

The effect of the resolution is to have the Commonwealth pay the 
salary of two judges of the Court of Appeals from the same district 
during the same period, when it was receiving in return the serv- 
ices of but one. In other words, the resolution compels the pay- 
ment of a salary already paid. 

T find no provision in the Constitution authorizing payment for 
^services which have not been rendered. It is true, that such appro- 
j)riations have been made in the past, but it is enually true that they 
have also been refused, notably in the instancp of Mrs. James H. 
Garrard, when a bill was introduced to pay hor a portion of the 
salary to which her husband would have been entitled, had he not 
died. 

It is declared, amonu' other things, in S(>ction -. Bill of Rights, em- 
braced in the State Constitution: '*No grant of exclusive, separate 



160 PUBLIC DOCUMENTS OF 

public eiuoluments or privileges shall be made to any mau or set 
of meD, except in consideration of public service;" 

This does not and can not mean that those who have performed 
public service, however able, for which they have been paid, are en- 
titled to be again remunerated; and it surely does not imply that 
when one was dead, and did not and could not perform public 
service, which service was performed by another, he should receive 
compensation therefor through a survivor or representative. 

Besides, the Commonwealth is largely indebted, and it appears to 
me that we should "be just before we are generous." 

Eespecting the memory of the lamented dead and sincerely sym- 
pathizing with his widow, I am nevertheless impelled under my 
oath of oflSce to refuse to sign the resolution. 

Respectfully, 

WILLIAM O. BRADLEY, 

Governor of Kentucky. 



GOVERNOR WILLIAM 0. BRADLEY. 161 



VETO BILL GRANTING CERTAIN PRIVILEGES TO JAILER CITY OF LEXINGTON. 

Commonwealth of Kentucky, ^ 

Executive Dkpartmrnt, r 

Frankfort, Ky., March 15, 1898. J 

Gentlemen of the House of Representatives: 

House Bill No. 97 is hereby returned without my signature. 

The bill undertakes to amend section 28 of an act for the govern- 
ment of cities of the second class, by conferring on the jailer of such 
cities, the right to contract with the city in furnishing macadam for 
streets. This privilege is attempted to be conferred as a part of 
the section which prescribes the qualification and duties of that 
officer, and is therefore wholly foreign to it. 

Section 12 of article 10 of the act attempted to be amended 
prohibits, under penalty, any city officer from being or becoming 
directly or indirectly interested in any contract with or work done 
by or supplies furnished for the city. A similar provision will be 
found in the charter of cities of every class. 

The act, therefore, confers a special privilege upon one of a class, 
which is denied to every other member of that class, and is in con- 
flict with the entire law regulating municipalities. 

The purpose of the law was and is to prevent corruption in city 
government. 

Believing the bill to be impolitic, unwise and unconstitutional. 
I am compelled to return it without signature. 

Kespectfnlly, 

WILTJAM O. BRADLEY. 

Governor of Kentucky. 



IG2 PUBLIC DOCUilEXTS OF 



MESSAGE CONCERNING PREVALENCE OF SMALL POX. 



Commonwealth of Kentucky, 

Executive Db?artment, 
FrankforL Ky., March 15, 



NiTUCKY, 1 
ent, ? 

L5, 18D8. J 



?'o the General Assetnhh/ of the Coiiiinoiurealt]i of Kentucky: 

1 have received information from the Mayor of Middlesborou<ih 
that there are now seventy cases of small-pox in the city and four 
hundred "suspects;" that the county court of Bell county refuses 
to make any appropriation, and that the city of Middlesborough has 
no money to make the appropriation necessary to care for those who 
are sick and *j;uard those who have exposed themselves to the dis- 
ease. I am also informed that those afflicted with the disease are 
left without food. I understand that this terrible disease is pre- 
vailinji' in other portions of Kentucky. The board of health has no 
appropriation out of which they can extend any substantial aid. 

It appears to me that the interest of humanity, as well as the 
best interest of the entire State, demands that yotir body should 
take immediate action concerning this mjitter. 

Under these circumstances, 1 most earnestly recommend that 
you make such appropriations as you may think necessary to prevent 
the further spread of the disease. This appropriation might be 
placed under the control of the chairuian of the State Board of 
Health, with directions that he make rex)ort at the next meeting of 
the Legislature of the disposition he has made of same. 

Kespectfully, 

WILLIAM O. BKADLEY, 

Governor of Kentucky. 



aOYEUNOR WILLIAM 0. liliADU:)' 163 



VETO BILL AUTHORIZING PAYMENT CERTAIN IDIOT CLAIMS. 

Commonwealth ob^ Kentucky, ] 

Executive De 'artmbnt, > 

March 16, 1898. J 

Senate Resolution Xo. 10, entitled ''Resolution providing for the 
payment of certain idiot claims," is not approved. 

The fact that those who have had charge of idiots have failed to 
comply with the laws of the State as to having inquests held, does 
not authorize such legislation. The cost of maintaining idiots is 
already large, and if restraints are to be disregarded and special 
legislation indulged in, will be greatly increased. 

The act is special in its character and forbidden by section 59 of 
The Constitution. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



164 PUBLIC DOCUMENTS OF 



VETO RESOLUTIONS FOR BEJVEFIT CERTAIN CIRCUIT CLERKS. 

Commonwealth of Kentucky, 
Executive Department, 

March 16, 1898. 



} 



I will not approve Senate Resolution No. 8, entitled "Resolution 
for the benelit of circuit court clerks." 

Section 161 of the Constitution is as follows: "The compensation 
of any city, county, town or municipal officer shall not be changed 
after his election or appointment, or during his terms of office " 

The Court of Appeals in Bright v. Stone, Auditor, Mss. opinion 
November 12, 1897, held, that the act of 1894, allowing circuit court 
clerks five dollars' fee in each felony case, was unconstitutional, in 
that, it increased the salaries of clerks who were in office at the time 
of the passage of the bill, and who, when elected, were not entitled 
by law to charge such a fee. 

The effect of that opinion is to render the clerks who have received 
these fees responsible to the State for their return. 

The opinion is in line with that of Commonwealth v. Addams, 95 
Kentucky Reports, and is a plain and proper construction of the 
Constitution. 

The purpose of the act is to render ineffective the decision of the 
court and attempt to accomplish by indirection the payment of fees, 
whifh are not authorized by the Constitution. 

The original act was unconstitutional. The present resolution 
even more so, if possible. 

(Signed) WILLIAM O. BRADLEY, 

' ' Governor of Kcnturhi/. 



GOVERNOR WILLIAM 0. BRADLEY 155 



VETO BILL INCREASiNQ SALARY POLICE JUDGE, LEXINGTON. 

Commonwealth of Kentuckv, ] 

Executive Department, \ 

March 16, 1898. J 

I decline to approve Senate Bill No. 56, being "An act to amend 
and re-enact an act, approved March 19, 1894, governing- cities of the 
second class.'' 

The purpose of this bill is to declare the '"intention" of section 1, 
article 6 of the act named, and to "remove such doubt," etc. 

A glance at the section will show that there can be no doubt con- 
cerning the intention of the act. Even admitting, for argument's 
sake, that the Legislature has the right to construe its own acts, or 
to remove doubts, such right can not be exercised when the statiite 
attempted to be construed is plain. 

If the police judge's salary is not sufficient that matter might have 
been remedied, as to the present incumbent, by the action of the 
city council, preceding his election, by an ordinance having reference 
to the salary of the incoming judge. 

The language of the act attempted to be amended is plain : "Who 
shall receive for his services such salary as the general council shall 
fix by ordinance; and said judge shall not receive any other compen- 
sation from any source." 

The effect of the bill would be to change the salary of the present 
incumbent "after his election or appointment," which is prohibited 
by section 16 of the State Constitution. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



166 PUBLIC DOCUMENTS OF 

VETO BILL LEGALIZING ELECTIONS IN CERTAIN GRADED 
SCHOOL DISTRICTS. 

Commonwealth of Kentucky, ^ 

Executive Dei'artmenc, r 

March 16, 1898. J 

I decline to a})pi'ove House Bill No. 11)1, being "An act to legalize 
elections in certain graded common school districts in this Common- 
wealth," for the following reasons: 

In the first place, it is essentially special and local in its character, 
and, therefore, in conflict with section 59 of the Constitution. 

Second, While as to the money expended, it might be retrospect- 
ive, of which however there is some doubt, it certainly can not be 
made to apply as against those persons who refuse to pay taxes as- 
sessed. The Legislature can not deprive them of any right they now 
have, and has no authority to exercise judicial powers. See Allison, 
etc., V. Louisville, Harrods Creek and Westport Railway Company, 
9 Bush, 255; Gaines v. Gaines, etc., 9 Ben Monroe, 301. 

(Signed) WILLIAM O. BRADLEY, 

Ciovernov of Kcntucki/. 



VETO BILL REGULATING FIRE INSURANCE COMPANIES. 

March IG, 1898. ] 

Executive Dei'autmext, Y 

Commonwealth of Kentucky, J 

House Bill No. 1, entitled "An act to regulate fire insurance com- 
panies and their agents, authorized to do business in Kentucky, and 
providing penalties for violation of the provisions of this act," in 
my judgment should not become a law. 

By its provisions, all insui'ance is confined to agents of insurance 
companies, whose bona fide residence and ])rin('ipal ])lace of business 
is in this State. 

The bill, therefore, places the citizens of Kentucky entirely under 
the control of the local board of underwriters and is unconstitu- 
lional. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kcntuckii. 



GOVERNOR WILLIAM 0. BRADLEY. 167 



VETO BILL PROVIDING FREE TRANSPORTATION OF BICYCLES OVER 
THE RAILRAODS OF THIS COMMONWEALTH. 



Commonwealth of Kentucky, 1 

Executive Dei'aktment, r 

Maroh 16, 1898. J 

House Bill No, 55, entitled ''An act providing for the transporta- 
tion of bicycles as baggage by all railroads operating in the Com- 
monwealth of Kentucky," compels the roads to transport bicycles as 
bijggage, free. 

If the Legislature ha» the power to do this, it has the power to 
com]>el the roads, free of charge, to transport the horse or carriage, 
or both, of a passenger, without cost; indeed, to compel the railroad 
to carry free anything that its whims suggest. 

Said the Supreme Court of the United States, in Railroad Commis- 
sion Cases, 116 F. S., S. C. 11.: "The power to regulate is not a 
power to destroy and limitation is not the equivalent of confiscation. 
Under pretense of regulating fares and freights, the State can not 
require a railroad corporation to carry persons or property without 
reward." 

This principle was re-iterated in Eegan v. Farmers' Loan, etc., 154 
F. S. S. C. R., 398. 

For the reasons given, I refuse to approve the bill. 

(Signed) WILLIAM O. 15RADLEY, 

Governor of Kentiieki/. 



168 PUBLIC DOCUMENTS OF 

lVeto bill chanqing method of assessing whiskey. 

J 

Commonwealth op Kentucky, "1 
Executive Department, > 

March 16, 1898. J 
- -».>^ { 
I will not approve House Bill No. 107, being ''An act to amend 
and re-enact section 4, article 5 of an act, entitled 'An act relating to 
revenue and taxation/ approved November 11, 1892, and being sec- 
tion 4180 of Kentucky Statutes." 

The present law fully accomplishes uniform valuation and under 
jts provisions there has been a very considerable increase of revenue. 
The counties are as much entitled to the benefits of the present law 
as the State. i 

^Signed) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



VETO BILL ALLOWING APPEALS IN PROCEEDINGS FOR HABEAS CORPUS. 

Commonwealth op Kentucki, "] 

Exj;cuT[VE Department, > 

Frankfort, March 16, 1898. J 

In my judgment House Bill No. 218, entitled "An act to provide 
for an appeal in actions of Tmheas corpus,^' should not become a law. 

In the first place, the experience of more than a century does not 
demonstrate its necessity. 

In the second place, the docket of the Court of Appeals is so large 
that it has become necessary by act of the present session, to increase 
the minimum sum as to jurisdiction, and furnish clerical aid for 
some time to come. 

In the third place, the Constitution and laws of the State already 
give the citizen ample protection. 

I therefore decline to approve the bill. 

(Signed) WILLIAM O. BRADLEY. ♦ 

Gorcrnor of Kciifiiel-i/. 



GOVERNOR WILLIAM 0. BRADLEY. I6.t 



VETO BILL PROVIDING FOR BV=STANDERS AS JURYMEN. 

Commonwealth ob^ Kentucky, 1 

Executive Department, ^ 

Frankfort, March 16, 1898. J 

I will not approve House Bill No. 64, being "An act to amend an 
act, approved March 29, 1882, chapter 62, article 4, section 12, Gen- 
eral Statutes." 

The object of that act was to cripple, as much as possible, the avo- 
cation of the professional juror, who for so many years has infested 
the court houses. 

Besides, a bystander can not claim that he has been summoned 
away from his home, compelled to attend court, and should, there- 
fore, be paid for one day's service. 

The expense of juries is a serious drain on the treasury as it is, and 
if this bill were allowed to become a law, would be increased. 
(Signed) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



170 PUBLIC DOCUAJENTtS OF 



VETO BILL POSTPONING PAYMENT OF SALARIES COMMON SCHOOL 
TEACHERS AND OTHER STATE CREDITORS. 



Commonwealth of Kentucky, i 
Executive Department, 
P>ankfort, March IG, 1898. ) 



1 will not approve House IJill No. 284, entitled, "An act to amend 
an act entitled 'An act relating to revenue and taxation, approved 
November 11, 1892 (as amended March 7, 1894)." 

The bill requires, that all taxes shall be due and payable on and 
after the first day of March after the assessment, and then compels 
The sheriff or collector to report on the first day of May, July, Sep- 
tember, November, December, January and February the amount 
of taxes he has collected and pay the same immediately, and to ac- 
count for and pay all taxes into the treasury on the first day of 
March in each year. 

As the law now stands, all taxes are due on the first day of 
March after assessment, and the sheriff or collector is required to ac- 
count for and pay them into the treasury on the first day of Decem- 
ber in each year. 

The payment by that date is absolutely necessary to carry on the 
schools and other governmental departments. The present bill 
gives the sheriff until the first day of March after the taxes become 
due to account for and pay them into the treasury, a period of one 
year, and instead of confining all his reports to not later than De- 
cember, allows him to report in January and February of the year 
succeeding that in which the taxes become due. 

If this bill were to go into effect it would postpone the pay- 
ment to school teachers and other creditors of the State, thereby 
entailing hardship and loss. 

(Signed 1 WILLIA:\r O. BRADLEY, 

Governor of Kentiifki/. 



GOVERNOR WILLIAM O. BRADLEY. 171 



VETO BILL AMENDING AND CHANGING LAW ENTITLED "GUARDIAN AND 

WARD." 



Commonwealth of Kentucky, \ 

Executive Department, \- 

Frankfort, March 16, 1898. ) 



I decline to approve House Bill 47(), being "An act to repeal sec- 
tion 12, article 1, chapter 4, General Statutes, section 2025, Ken- 
tucky Statutes," entitled "Guardian and Ward.' 

Section 12, article 1, chapter 4 of the General Statutes, relates to 
asylums for the deaf and dumb. 

Section 2025 of the Kentucky Statutes relates to the subject of 
j^uardian and ward. 

It will be observed that the body of the bill assumes to rei)eai 
section 12, article 1. chapter 48 of the General Statutes. The title 
relates to two different subjects. If the body of the act is to con- 
trol, then it is in conflict with the title, so that in either state of 
case the bill can not become a law by reason of the requirements 
of section 51 of the Constitution. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



VETO BILL FOR THE BENEFIT OF CERTAIN SHERIFFS. 



CoM^roN wealth or Kentucky, ) 

Executive Department, > 

Frankfort, March 17, 1S98. ) 

I decline to approve Senate Bill No. 97, entitled "An act for the 
benefit of sheriffs of rhis Commonwealth." 

Section 59 of the Constitution, taken in connection with subdi- 
vision 15 thereof, prohibits the passage of any special act "to au- 
thorize or to regulate rho lew, assessment or collection of taxes." 



172 PUBLIC DOCUMENTS OF 

The purpose of the bill, plainly expressed, is to enable a portion 
of the sheriffs of the State lo collect taxes, b}' granting them an ex- 
tension of two years, "'in which distraint may be made." 

It will be observed that the bill is not for the benefit of all the 
sheriffs of the State, but only a portion of them. The remedy might 
have been accomplished by the passage of a general law, giving such 
authority to all the sheriffs of the State, and for this reason the bill 
is unconstitutional, subdivision 29, of the same section, prohibit- 
ing the passage of any special act when a general law can be made 
applicable. 

So anxious were the makers of the Constitution to prohibit spec- 
ial or local legislation, which at the time of the formation of the 
present Constitution had grown into a crying evil, that they enacted 
a section with twenty-nine subdivisions to prevent it. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kentucky. 



VETO BILL FOR THE BENEFIT OF DRIFT CATCHERS. 

Commonwealth op Kentucky, \ 

Executive Department, /- 

Frankfort, March 17, 1898. ) 



I will not approve House Bill No. 140, being "^An act to amend 
and re-enact section 1, article 2, chapter .'>, General Statutes, relat- 
ing to drifts, logs and timber." 

The bill makes applicable the former law, in some respects changed, 
to all the rivers in the Commonwealth. There are many rivers in 
the State where the owners of logs mark them and float them separ- 
ately to market. This bill allows these logs to be taken up and sold 
to pay the charges, when the owners do not desire that such should 
be done, and in this way the owners is compelled to pay tribute to 
the drift catcher. 

(Signed) WILLI A ]M O. BRADLEY, 

Governor of Krnfiirl-ji. 



aO\[<J(SOR WILLIAM 0. BRADLEY. 173 



VETO BILL RELATING TO DENENSES AS TO BONDS CITIES FIRST CLASS. 



ExEouTivK Department, i 

Commonwealth of Kentucky, y 

S. ) 



Frankfort, March 17, ISDS. 



House Bill No. 356, entitled "An act to amend and re-enact an act 
entitled, 'An act for the government of cities of the first class,' ap- 
proved Jul}' 1, 1893, and to repeal section 76 of said act," is not ap- 
proved. 

The bill provides, among many other objectionable things, that, 
•'After the issue of the bonds, no suit shall lie to enjoin the collec- 
tion of any such installment assessment and the validity of same 
shall not be questioned, but all property owners shall be conclusively 
estopped and precluded from, in any manner, assailing the effective- 
ness or validity of such assessments." 

Although the name of the debtor may have been forged, although 
he may have been imposed upon, misled or defrauded, his mouth is 
closed, and an attempt made to deprive him of his right to invoke 
the protection of the co"irts, guaranteed by section 14 of the Con- 
stitution. 

(Signed) WILLIAM O. T.RADLEY, 

Governor of Kentnclcji. 



174 PUBLIC DOCUMENTS OF 



VETO BILL TRANSFERING APPOINTMENT OF POLICE FROM EXECUTIVE TO 
JUDICIAL DEPARTMENT. 



Commonwealth of Kentucky, 
Executive Department, 

Frankfort, March 17, 1898. 



I decline to approve House Bill No. 434. being *'An act to provide 
lor county police in certain counties." 

The bill is unconstitutional because, it undertakes to deprive the 
executive department of cities, above the first class, of the right to 
appoint police commissioners, or to control the appointment of mem- 
bers of the police force. 

This is essentially an executive or ministerial power, which can 
not be conferred on the judiciary. Sections 27 and 28, Constitution.) 

Second. — It is unconstitutional because, in counties where there 
are three cities, which are in one or the other grade of cities above 
those of the fifth class, tlie law made applicable for their regulation 
is directly contrary to the law made for the regulation of each of 
the classes named under their separate heads, in other portions of 
the State. 

So that, a fourth class city in such a county would be governed by 
diffei'ent rules from another fourth class city of another county, ex- 
cept one in counties where there are three cities of the class named. 
The same may be said of first, second, and third class cities. 

The cities in this Commonwealth are divided into six classes, and 
the Legislature has no power to adopt for any city in any of these 
classes a law which does not apply to all cities of a similar character 
in the same class in other portions of the State. 

The bill is also unconstitutional in giving to the board of police 
commissionei'S. a])])oint('d by the judge, the right to fix sahiries of 
the police department for the reason as above indicated. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kcnhiclijf. 



GOYERNOli WILLIAM 0. BRADLEY. 175 



VETO BILL PERMITTING SEPARATE ELECTIONS IN UNREGISTERED TOWNS. 



Commonwealth of Kentucky, i 

Executive Dei'autment, ;- 

Frankfort, March IT, 1898. ) 



I will not approve House Bill No. 12G, being "An act to allow 
towns where no registration is required to hold separate elections.'' 

The bill provides that in cities and towns where no registration is 
required, municipal elections shall be held separate^ and apart from 
State elections, by officers to be appointed by the city council or 
board of trustees." 

Section 148, Constitution, declares — ^'Not more than one election 
each year shall be held in this State, or in any city, town, district or 
county.'' . . . '*A11 elections of State, county, city, town or dis- 
trict officers shall be held on the first Tuesday after the first Monday 
in November." 

Section 167 provides, ''All city and town officers in this State shall 
be elected or appointed as provided in the charter of esich respective 
town and city, until the general election in November, 1893, and until 
their successors shall be elected and qualified, at which time the 
terms of all such officers shall expire; and at that election and there- 
after as their terms of office may expire, all officers required to be 
elected in cities and towns by this Constitution, or by general law in 
conformity to its provisions, shall be elected at the general election in 
November." 

The two sections make it perfectly clear that there can be but 
one election, and that all the officers named must be elected, not only 
on that day, but at that election. 

The Legislature that enacted laws to carry out the constitutional 
mandate so construed the Constitution, and I have no doubt its con 
struction was correct. 

(Signed) WILLI A AT O. BRADLEY, 

Governor of Kentucky. 



176 PUBLIC DOCUMENTS OF 



VETO BILL BENEFIT KENTUCKY DENTAL ASSOCIATION. 



Commonwealth of Kentucky', 
Executive Department, 

Frankfort, March 17, 1898. 



I decline to approve House Bill No. 93, entitled, "An act continu- 
ing the Kentucky State Dental Association and regulating the prac- 
tice of dentistry in this Commonwealth,'' for the following reasons: 

The association named is a private corporation, clothed with the 
usual power granted in such cases, and was created by Act of Assem- 
bly, February 18, 1870. 

The act gave it the power to prescribe terms for the admission of 
]n embers to its corporate body. 

Now, it will be observed that this is simply a corporation, in no 
wise connected with the State government, belonging to no branch of 
it and not under the control of any department. April 8, 1888, an act 
was passed by which it was undertaken to confer upon this corpora- 
tion powers of government enabling it to regulate the practice of 
dentistry in Kentucky. General Statutes, 477. 

May 10, 1886, another amendment was enacted, to amend the char- 
ter granting still broader power of control over the general public. 
General Statutes, 479. 

May 1, 1893, another act was passed, by which the association was 
continued, when no such act was necessary, and again broadening its 
powers. 

The present bill undertakes to incorporate the principles of the 
others, still enlarging and strengthening its powers, until now we 
have presented the anomaly of a private corporation, with no re- 
sponsibility to the State, armed and equipped with powers which 
hold in control the destiny of every citizen who undertakes the prac- 
tice of dentistry in Kentucky, with power to make every applicant 
to whom a license is granted pay ten dollars for the examination, 
five dollars more for a license and fifty cents more to have it re- 
corded. 

Nor is this all. After havingpaid fifteen dollars forthese privileges, 
if the dentist offers to do business before his license is recorded, he 



(!o\i:i>'\<>h' ]viLi,iA\i (). iiinnfj:)'. 177 

foi'fcits and i»ays llic iintlicr sum of i wciiiy-tivc dollars, nol lo the 
8tato. not lo the conuiiou school fund, but lo the association. 

In addition to this. t\w bill iiMinii-os Ihat five examiners shall be 
elected by the association, nio dentist, hoAvevei-, whatever may be 
his aceonii)lishnienls oi- capability, who is not a member standing 
within the charmed circle of the association, to be eligible) upon 
whom is to be devolved the power of examination of all applicants. 
Not even a di])loni;i from a reputable college can authoriz-» one to 
}>ractiee. unless the board shall consider it sutticient evidence that 
the person presenting it possesses sufficient knowledge and skill. In 
other words every college of the land must stand uncovered in the 
presence of this august i)ody. 

And when it refuses to allov*- a license the only appeal is to the 
president of the State I'oard of Health. 

So it is, the citizen is under control of a boai'd appointed without 
constitutional authority, vacancies upon which nuiy be filled by the 
jiresident of the association (without constitutional authority) with 
im appeal to any head of departnu^ut, much less a court. 

Tnlike the Board of Health, it is a private institution with general 
]>owers. its board appointed by itself and holding in the hollow of its 
hand the liberty of the citizen. 

I agree that quakery and empiricism should be suppressed; but it 
should be done in a constitutional and just manner, and not be left 
to the control of a private corporation, whose coffers are to be filled 
at public expense. 

The bill is in confiict with sections 27 and 2S of the State Con^itu- 
tion, being an attempt upon the })art of the Legislature to assume ex- 
ecutive or ministerial powers. It violates the Constitution by an at- 
tem])t to confer ]»ower uixtn another than the executive to supply 
vacancies in a State office. (Section 1.j2.) 

It places the libc^rty of a citizen under the absolute and arbitrary 
power of an unauthorized body, without atl'iu-ding any such investiga- 
tion as he is entitled to. (Section 2, T'oustitution.) 

In addition to the objections stated, the bill is in direct conflict 
with sub-division 17, of section ."!) of the Constitution, which possi- 
tively jirohibits the General Assembly from amending the charter of 
any corjtoration in existence at the tiriu' of the adoption of the Con- 
stitution. 

(Signed) ^YILLTA^r O. BRADLEY, 

(iorcrnor of Knthtcky. 



178 PUBLIC DOCUMEXTS OF 



VETO OF BILL FOR PROTECTION OF LESSEES, PURCHASERS, ETC. 

Commonwealth (»f Kkntucky. 1 

ExRcrrivK l)ErAKTME\'i\ y 

Fninlvfort, :\rai-cli IT. 1S!)S. J 

House Bill No. 2. bciiiu- "An act to amend sections one and two of 
an act approved Manh 17. ISIXI. entitled "An act foi- tlie protec- 
tion of purchasers, lessees and incumbrancers of real estate,' is not 
.approved. The bill establishes certain ruk^s, requiring- certain no- 
lice, in certain cases, and concerning executions, attachments, etc., to 
be filed for the protection of jmrchasers, lessees and incumbrancers 
of real estate in counties having a population of seventy-five thou- 
sand or over. By its pro\ isions the present law which is ai)])licable t) 
the whole State, is repealed, so that such notices are not requirtHl ex- 
cept in Jetl'erson county, as that is the only county in the State hav- 
ing the population named. 

The cities of the State are placed in dittVrent classes, and charters 
of different character are provided for them under the provisions of 
the Constitution. The counties, however, occupy an entirely differ- 
ent attitude, and laws goviM'uing them must l)e of a gem^ral charac- 
ter, api)licabl(^ alike to all. 

Section 5!) of the Constitution declares, the General Assembly 
shall not pass local or special acts concei-ning any of the subjects 
mentioned in tlie subdivisions thereof. Subdivision 22 of that sec- 
lion ]»roliibits the passage of any law "to authorize the creation, ex- 
tension, enforcement, impairment or release of liens." 

The bill not only imi)airs. but absolutely destroys any lien on real 
estate any jKirty may have as to any subsetpient purchaser, lessee or 
incumbrancer, unless certain notice is given. 

Not only so, but it ]>rovides for the '•enforceMuent of liens" under 
certain pi-oceedings. 

Again, subdivisicm 2i) foi-bids the enactnnmt of any sjiecial oi- local 
law wluM-e a genei-al law can be made api)licable. 

It can not l)e doubted that a genei'al law could be framed to cover 
the ])(Mnts embraced in this bill, ai){tlicable to the whole State. 

(Signed) WILLI A. M O. i:KAnLLV, 

(lovvrnor of Kcntiick//. 



<1<}\ l'.h'.\(>R WILLIAM 0. BRADLEY. 179 

VETO OF BILL AMENDING ACT CONCERNING PRIVATE CORPORATIONS- 
INSURANCE. 

Commonwealth of KHXircKv. "I 
Executive Department, 
Fiankfort. March 17, 1898. J 

Senate liill Xo. 17(5, beiiiji "An act to aniciid an act entitled "An 
act i)rovidin<»- for tlie creation and rejiulation of ])rivate corpora- 
lions/ whieii became a law -Vpril 5th, 1804, is not approved. 

The purpose of that act in conferring power upon individuals to 
associate tlieniselves together in a corporate capacity to engage in 
the business of insurance in this State, was on the one hand to grant 
them privileges, and on the other to secure the people of the State. 

The failui-e of these companies in the past, and tln^ loss thereby en- 
tailed on citizens of the Commonwealth, was doubtless in the mind of 
the legislature when that act was framed. 

In order to guard against loss, section 88 of the act, among other 
cautionary jn-ovisions, required that the "capital stock and accumu- 
lations of all insurance corporations may be invested in bonds and 
mortgages, lien notes or deeds of trust, or unencumbered real estate 
within the State of Kentucky." 

The present bill eliminates fr<)m the act the words, "within the 
State of Keutncky." The evident intention of the legislature in pass- 
ing the original act was, among other things, to contine the real es- 
tate to this Commonwealth, so that in case of assignment, etc., the 
]iersons affected could have ready access to the property in order to 
recompense theuisehes, j)artially or otliei-wise. 

In another ])oi-tion of ilu^ same section, for the ]>uri)Ose of protect- 
ing the creditors of the company fnun loss, while the company was 
given the right to make loans and to ( liange and re-iuA-est its securi- 
ties, it was ]»rovided — "but the current market value of such bonds 
and stocks, or othei- evidence of indebtedness, except I'nlted States 
Government securities, shall at all times, during the continuance of 
such loans, be at least twenty per ccMit. more than the sum loaned 
thereon." 

The present bill eliuiiuat"S this important provision from the act. 

In addition, the law sought to be amended provided, "that the cap- 
ital stock and accumula'ions of tiie com]»anies might be invested in 
stocks of incorporated banks and trust companies of this State, and 
of national banks of this State or 'adjacent States.' " The bill strikes 



180 PUBLIC nOCU.yEXT,S OF 

out the word "adjaceut," and substitutes the word "otlier", so as to 
aj)ply to auy or all of the States of The Union, 

The bill, it will be observed, does not propose in its amendatory 
clause to strike out the one and insert the other word, but in stating 
what the law is, as amended, after striking out other portions ])vo- 
vided for specifically, omits the one and inserts the other word. 

The section therefore as enacted is not in conformity to the amend- 
ments proposed. 

The whole bill is calculated to deprive those who are, or may be- 
come interested on account of insurance; or those who are, or may 
become creditors of such companies, ol the safe-guards provided by 
the old law. 

(Signed) WILTJAM O. ISRADLEY, 

Governor of Kentucky. 



GOVERNOR WILLIAM 0. BRADLEY. 181 



VETO OF BILL PROVIDING FOR CREATION AND GOVERNMENT OF 
SUBURBAN DISTRICTS. 

comjio>;wealth of kentucky, ^ 

Executive Department, 1- 

Frankfort, March 18, 1898. J 

I will not api)rove Hou^e Bill Xo. 248, being "An act to provide for 
the creation and government of suburban districts." 

Section 59 of the Constitution and its twenty-ninth subdivision pro- 
hibit the passage of any special or local legislation where a general 
law can be made applicable. The object of this section and sub- 
division was to prevent the time of the Legislature from being con- 
sumed in the consideration of frivolous subjects. 

The act of 1893, entitled "An act for the creation and regulation of 
towns in this Commonwealth," and the amendment thereto, ap- 
proved March l.j, 1894. gives full power to the circuit court to in- 
corporate towns where there are as many as one hundred and twenty- 
five inhabitants in a quarter of a square mile. The power is given in 
addition, to the court, under proper state of case made out, after in- 
corporation, to extend the limits. Under this law all relief can be 
had which this special and local act attempts to give. 

(Signed) WirJJA:\[ O. 1{KAT)LKY. 

Governor of Kentucky. 



182 PUBLIC DOCUMEXTS OF 



VETO OF BILL INCREASING FEES OF COMMISSIONERS AND RECEIVERS, 



Commonwealth of Kentucky, "] 

ExECUTn E Dei'autment, ? 

Fiaukfort, March 18, 1898. J 

I can not approve House I'ill Xo. 2!>(i, being ^'An act, to amend an 
act, entitl»Ml. an act relating to i'e«^s, ajiproved June 15, 1893 (being 
cliai)ter 17, Kentucky Statutes.)'' 

By section 38 of the act attem[)ted to be amended, the clerics 
of the circuit and county courts, connnissioners. receivers and 
sheriffs of each county having a popuhition of 75,000 or over, are re- 
quired on the first day of each month, severally, to send to the 
.Vuditor of Public Accounts a sworn statement', showing the amount 
of money collected and received by each of them the preceding- 
month, for fees and compensation, together with the money so col- 
lected or received. 

Section 41 provides, that the salary of each of the officers named 
shall be ])aid monthly by the treasurer upon the warrant of the 
auditor; and if 75 per cent, of the amount paid into the State Treas- 
ury in any month is not sufficient to pay the salaries and expenses 
for that month, tlie deficit may be made uj) out of amount paid in' 
any succeeding month, but in no event can the auditor pay any of 
the officers more than 75 ]»er cent, of the amount so i)aid in. 

Under the operation of the statute named, in 1897, the State of 
Kentucky retained of the amount i)aid in nearly $5,000. paying the 
residue to the officers named : to the commissioner and his deputies, 
113,291.21 and to tlie receiver, $2,958. It is true that the full sal- 
aries established were not paid, but they were to be paid on condition 
that 75 per cent, of the amounts collected should be sufficient for 
thai ])urpose. 

The present l)ill, if it becomes a law, and the amounts jtaid in this 
yeai' to the auditor should be the same, will add to the salaries of 
the two officers named the' sum of $1,051.87 and decrease the amount 
paid into the treasury from 11.717.00 to $02.73. 

The bill is applicable to the present incumbents, for it strikes from 
the statute the words "after the terms of the present incumbents 
shall respectively expire." Connecting this with the fact that the 
bill will increase the salaries of the officers named after thev have- 



aovF.KMti; WILLIAM o. nmnLEY. 183 

been appointed and dniiiii;' Iheii' term ot ollice, it is manifestly in 
direct eonliiet with section 1(»1 of the Constiliition, which explicitly 
declares that "the compensation of any city, county, town or munici- 
pal officer shall not be chan<2:ed after his election or appointment, or 
during his term of office."' 

(Signed) WILLIAM O. ]5KAl>Li:V. 

Governor of Kcnhicki/. 



VETO OF BILL MAKING GOLD AND SILVER LEGAL TENDER AND 
PROHIBITING CERTAIN CONTRACTS. 

(\»mmonwealth of kentucky, 1 
Executive Deuautment, 



XECUTIVE DEl'AUTMENT, r 

Franl<fort, :NLirch L^, 1S!)8. J 



I will not approve House l>ill No. 212, being "An act entitled 
an act to make gold and silv«M' coin of the United States a legal ten- 
der in the payment of all d( bts. and to prohibit the making of any 
contract for the ])aym<'nt of monev in any othei- currency than the 
general legal tender of the Lnited States." 

By the act of February 28, 1878. the Congress of the United 
States provided, that silver dollars should be a legal tender at their 
nominal value for all debts and dues, public and private, except 
when otherwise ex[)ressly stipulated in the contract. 

By subsection o, section S, article L ("onstitution of the Ignited 
States. Congress has the exclusive ]»ow<r "to coin money and reg- 
ulate the value thereof." 

The Legislature has no powtn- to enart a nu'asurc establishing 
a ditferent standard to that fixed by Congress. 

Nor. has the Legislature of Kcntud-.y any more right, under ex- 
isting law, to say that a citi/< n may not hx by contract the character 
of money with which an indebtedness is to be ])aid. than it has to 
r<Mluire that he shall not ]>ro\ide by contiact that a debt is to 1)0 
])aid in cattle. sheej». or any other commodity or merchandise. 

l\ has been held, that a bill which und<'rtakes to abridge the right 
of conti'act between j»arties in i-egard to matters ]»ersonal to them- 
selves, and to deprive them of tlu^ jiower to Hx the mode of com- 
])ensation. is "clearly unconstitutional. State v. (loodwill. -'w? W. 
\'a.. 17!>: Mettell v. The Peoi>le, 117 Illinois. 204; \Valley"s Heirs v. 



184 I'LJiLlV noci l//;.V7>- OF 

Kennedy, '2 Verjici', r)r)4; (ledcliai-les & (\i. \. W'igenian, 113 Peuu., 
431; House Bill 20:5. Vol. 21, Colorado Kep., ]). 2S. 

In Low V. K(\^s Print ini;' Co.. 11 Xebiaska. 14(>, it is held, citing 
nnniei-ous authorities, that the right to control necessarily includes 
the right to fix the price at Avhich labor will be performed and the 
mode and time of ])ayment. Each is an essential element of the 
riglit to contract." 

The act inA-ades the liberty of the v'w'v/a'u and arrogates to the 
Legislature the power to control arbitrarily the rights guaranteed to 
him by the fundamental law. 

(^^igned) AAMLLIAM O. KHADLEY, 

GoiTrnor of KenUicky. 



VETO OF BILL FOR BENEFIT OF INCORPORATED DISTRICTS AND 
OTHER LOCALITIES. 

commoxw ijai.tii of ivextu-cky. 1 

Executive Department. ^ 

Frankfort, March IS, 181)8. J 

I will not approve House Bill Xo. 231, being "An act for the 
benefit of incorporated districts or otlier municipalities not hereto- 
fore assigned to any class of cities or towns." 

Section 59 of the Constitution and its 20th subdivision prohib- 
its the passage of any special or local legislation where a general 
law can be made applicable. The object of this section and sub- 
division was to prevent the time of the Legislature from being con- 
sumed in the consideration of trivial subjects. 

The act of 1803, entitled ".Vn act for the creation and organiza- 
tion of towns of this CommonA\ealth,'' and the amendment thereto 
a])])roved March 15, 181)1, gives full power to the circuit court to in- 
corporate towns where there are as many as one hundred and twenty- 
five inlmbitants in a quarter of a square mile. The ]».ower is given, 
in addition, to the court, under proper state of case made out. after 
incorporation, to extend the limits. Under this law all relief can be 
had which thip special and local act attem]>ts to give. 

(Signed) \\'ILL1AM ( ). liHADLEY. 

dorvrnor of Koihicki/. 



au\i:i:\(>i; willi.wi o. iiumhj'A'. 185 

VETO OF BILL CREATING BOARD OF FIREMAN'S PENSION FUND. 

CoMMowvioAr/ni of Kentucky, 1 

ExKCumE Dki'aktmext. r- 

Frankfort, :MarcIi 10, ISilS. J 

I will not ai>i»rove Senate Bill No. 20, being "An act to create a 
Board of the l-'ircniaii's rcnsiou Fund, to provide and distribulc sncli 
fund for tlie jK-nsioninji of disabled firemen and the wives and chil- 
dren of deceased firenicn, to antliorize the retirement from service 
and pensionin<;- of ni'iutx'rs ef tlie fire d('i)artment, and for other pur- 
poses connected therewith in cities havin<:,- a population of over fifty 
thousand inhabitants, and a paid tire department."' 

I disliivG very much to veto a bill, the object of which is so laud 
able and proper. In eompliauce with duty, however, I can not ap 
prove any measure which I believe to be unconstitutional. 

In the tirst place, mutual benefit companies, or companies having 
in view the objects set out in this bill, may be organized under the 
general law. This being the case, a special act is forbidden. See 
section 59 (Constitution) and subsection 29 of same. 

In the second place, the bill provides that the proceeds of the 
sale of condemned horses may be paid into this fund. This money, 
as the law stands, goes to the credit of the fire department, and the 
money thus derived is used to make it etfectual. If it is taken and 
placed in a pension fund it must be supi)lied by taxation on the 
people of the city. In other words, the people can not be forced 
indirectly to contribute to the fund attempted to be raised by this 
bill. 

In the third place, the salary forfeited by any mend)er of the de- 
partment for neglect of duty, etc.. belongs to the city, and may be 
used for the employment of a substitute, or if not so used, la])ses into 
the common fund. Tiie bill appropriates this sum to the pension 
fund, and this can not be done and the peo])l(^ forced by taxation to 
contribute to a ])rivate corjtoration. 

In the fourth place, the board is given the right to say whether 
any gift nnuh^ to any member of the fire department by reason of gal- 
lant and distinguished service shall go to the general fund, and in 
this and other respects, its decision is declared to be final. I do 
not think that any man should be thus deprived of his ])roperty 
Avithout due process of law. 

(Signed) WILLIAM O. BRADLEY, 

Corcrnor of Kcntuchj. 



186 PUBLIC Docu.\n:x'j\s of 



VETO OF BILL REGARDING HAWESVILLE SCHOOL BUILDING. 

Commonwealth of Kenticky, "j 

P]XEUUTIVE DePAUTMEX'I'. ? 

Fi-aiikfoit, Maich II), 1808. J 

1 will not approve House Bill No. 454, being "An act to i-epeal an 
act entitled an act to provide for the erection of school bnildings in 
common school district No. 1 in the town of Hawesville," approved 
?. larch 28, 187:'.. 

For nearly a (juarter of a century a school has been maintained 
under that act which has been of great benefit to the peoi)le of that 
district. By combining the common school tax with other money, 
for some time the ]>eople have maintained an excellent school. In- 
debtedness of 110,000 was c(mtracted. only .'f.^.OOO of which now re- 
mains to be i)aid, and this is bearing only 5 per cent, interest. 

T'pon the faith of that act considerable money has been invested 
and that investment would be rendered valueless if this bill should 
become a law. 

The sui)i)lementai taxing power of the old act being destroyed, the 
people will be given in place of the institution named, a common 
school lasting only five months in the year, instead of one now taught 
from seven to eight months in the year. 

(Signed) WILLIAM (). liKAnLEY, 

Gove I nor of Kentucky. 



(;OrER\()R WILLIAM <>. liL'MH.i:). 187 

VETO OF BILL RELIEVING NEWSPAPERS FROM EFFECT OF 
CORPORATION LAW. 

Comm<)Nwi:altii of Kentucky, ~| 

Executive Detautment. t 

Fnuikfoit. :M;uc1i 1!). ISOS. J 

Senate bill No. 152. being "An act to aniend and re-enact section 10 
of article 1 of an act entitled, an act providing for the creation 
and regulation of private corporations." wlrich became a law April 
5. 189:|, is not approA^ed for the following reasons. 

The section amended is obscure and uncertain. Fiom its plain 
verbiage it may be construed as meaning that all corporations are 
alike responsible, for there is no exception; or, it may be construed 
to mean that those companies sjiecifically mentioned are to be sub- 
jected to greater burdens than other corporations. It is plainly open 
lo both these constructions, if tlie words are ro be literally construed. 

However, as the corporations especially named and described are 
each engaged in the performance of a public duty, in which the 
l>ublic has an interest, and which, while they are organized for in- 
dividual gain, result in the public gain also, it may be said that the 
law makers intended to favor them, and that they alone are not sub- 
ject to the double liability. 

These coi-porations may be operated at a loss to the stockholders, 
and yet the ])ublic receive a benefit. Besides, such corporations are 
carefully regulated by law in every way. Not so with the newspaper 
corporation. Its regulaticms are but few. and of slight consequence 
comjiarlitively speaking. I'esides. experience ])roves that they are 
the most e]>]iemeral of corjxJiaHons. the most uncertain in duration. 
They are frcniuently organized lo give ])ublication to the ideas of 
new parties, which like visions, soon fade away. Whenever they 
cease to Ix' juofltable lo the stockholders, they go to pieces. They 
are established for private lather than public gain. 

The stockliold<*rs in every news]»ap(M- now organized in Kentucky 
are responsible under tlie double liability clause. 

Is it just, fair, reasonable or constilutional that those which are 
1o be organized hereafter should be ]>laced uj^on a more favorable 
footing? If so, why should nol iW stockholders in banks hereafter 
to be organized, which in a limited sense are ]»ublic institutions 
necessary foi' th<^ ])ublic, be reliev<'d from double liability? 

If this bill should l)econie a law. we would have ]»i-esented the 



188 PUBLIC DOCL'MEXT^ OF 

anomaly of two coi'XJOifations of tlie same cliaiaet(n' and class gov- 
erned by entirely different laws. The Constitution does not author- 
ize this granting of special priA-ileges to one of a class as against 
others of the same class. >.'o law could be enacted b}' which news- 
papers already organized could be given the benefits of this bill, for 
, such a law would be an imjKiirment of contracts. As no such gen- 
eral law could be framed, it follows that no special law could be en- 
acted making such an unwarranted distinction. 

I seriously doubt the constitutionality of section 10, as it stands, 
if the liberal construction is to be given that it confers privileges 
upon certain classes as against others, and can not approve a bill 
which, in my judgment, goes far beyond it and is clearly unconstitu- 
tional. The newspapers of the State should all be governed by the 
same law, and their stockholders subject, to the same liability. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kentucht/. 



VETO OF BILL MAINTAINING CIRCUIT COURTS AND OFFICES. 

COilMOXWE.^LTH OF KENTUCKY, "| 

Executive Department, > 

Frankfort, March 19, 1898. J 

House Bill Xo. 204. being "An act to provide for maintaining 
eircuit courts and their offices, and furnishing services and assist- 
ances to courts by cities of the second class in this Commonwealth 
wherein sit circuit courts of continuous session," is not approved. 

Owing to the unfortunate condition of affairs pi'evailing in Cov- 
ington, I have tried to reconcile the objections to the bill in such a 
way as to at least allow it to become a law without approval. But 
a careful examination of the bill does not authorize such action on 
my part. 

Waiving the minor questions as to the special character of the 
act and others of even smaller consequence. 1 can not give assent 
to the exercise of the unlimited, unauthoi-ized and unconstitutional 
powers conferred upon the judge, and the taking of those powers 
from the department of government in which they are lodged by 
the Constitution. 

Had the Legislature gone no further tlinn to require the city 
"to maintain the court and court room and the offices of its officers 



aOVERXOR M/fJJAM 0. BRADLIJY. 189 

aiHl furnish ilie smiik', and pay for suc-h services or assistance as may 
in the disciction of the jiuliic of such courts be necessai'y for the 
jti-oper conduct of sudi courts." all doubts might have been solved 
in favor of (he l»il]. or at any rate all such doubts put at rest so that 
it might become a law without a]»]»roval. Surely no more should 
jiave been reipiired. because, if constitutional, the judge could have 
enforced the ]>rovisions by proper process. 

]iut after having r('(|nired the city to do these things, the bill 
goes further and confeis upon the judge of the court substantially 
the right to do all tlu' city is recpiired to do, giving to it only the 
right and duty of paying the bills contracted by him. 

Sectiori 2 reads: "TJie judge of sucJi court may purchase in the 
manner he deems best. fuiMiture or other things in his discretion 
necessary to carry out the }»ro visions of section 1 hereof; and the 
said city shall. u])on the order of the judge or of the courts, allow 
and jiay the claims so cre;it(Hl. and the judge of such court may 
cause to be rendered in tho conduct of such courts such services 
br assistance as he may deem necessaiy. and the said city shall upon 
the Older of said judge of the court allow and pay the claim so 
created." 

No such i)ower as this has ever been conferred before on any 
judge of this romnumwealtl-. Judges, it is true, have the inherent 
power to maintain their dignity and enforce their commands, but 
must accomplish these things through the properly authorized 
agencies set apart by law. 

But to confer upon them powers fixed elsewhere, to allow them, in 
their discretion, without linnt. to thus fix an indebtedness upon the 
city, without consultiiig with its constituted authorities is the grant 
of dangerous powers whiclj I can not approve. 

iSection 157 of the Constitution limits the tax rate for all towns, 
and prohibits any one of Them from becoming indebted to an amount 
exceeding in any one year the income and revenue provided for such 
year without the assent of two-thirds of the voters voting at an elec- 
tion. iK^ld for that purpose: and further provides, that any indebted- 
ness contracted in violation of the section shall be void, "etc. 

Section 150 of the Constitution requires the Legislature to di- 
vide the cities of the State into classes and i)rovide for the organiza- 
tion and powers of each class l»y general laws. 

In conformity to this command the cities of the State were classi- 
fied and laws ena<ted for their government. 

The i)Ower was conferred on the city council, in cities of the second 



190 PUBLIC DOCUMEXT.S OF 

I'lass, to ;ipj)i'()piiat(' iiioucv and provide lor the debts and expenses 
oJ the eity, and levy and collect taxes. 

In the discharge of this duty, by rea'son of its knowledge of the 
wants of and demands against tJie city, the council may, without 
difficulty, keejt w itliin the constitutional limits of taxation. But if 
this i)Ower is to be subdivided and lodged in contending and warring- 
departments of government, the whole basis and theory of liabilitiy 
and taxation will be inevita))ly thrown into inextricable confusion 
and doubt. 

The circuit judge is not a municipal or city officer. His powers 
are i)urely judicial. He may by pro])er pi-ocess enforce the orders of 
his court, its decoi'um and government, but he can not be made a 
}»urchasing agent, mucli less a purchasing master for the city. 

The powers attempted to be conferred on the judge in the second 
section of the act form no part of the judic iai dei»aitment, and he can 
not exercise them. 

To allow the circuit judge in his discretion to make these purchases 
might lead to embai'rassment. for if he should purchase furniture, 
safes, etc., he might saddle upon the city a debt which under con- 
stitutional limitations could not be ]»aid. 

(Signed) WILLIAM O. BRADLEY, 

Govcnioy of Kciitiirli/. 



VETO OF BILL AMENDING COMMON SCHOOL LAW. 

Commonwealth of Kentucky, ^ 
Executive Department, 
Frankfort, March 10, 1898. J 

I will not ap])rove Houst^ Bill No. 1-2, being "An acl to amend an 
act entitled, an act to ]trovide foi- an I'llicient system of common 
schools throughout the Slate," a])proved July (>, 18!).">. 

The bill, taken in connection with the other sections of the law, 
com])els the teachers of each common srhool to conti'ibute to the 
ex])enses of the institutes and to attend the same, although theii* 
schools may be in session and at the same time deprives them of any 
compensation. 

Such a law is manifestly unjust and o])erates as a ]»unishm('nt u]>on 
the teachers who are not paid, at best, a sum commensurate with 
tlieir services. 

(Signed) WILLIA:\r O. BRADLEY, 

fjorc)-)ior of Keiitin-li/. 



(jorr:i:\()R wnjjam o. i:uai)Ij:y. 191 



VETO OF FELLOW SERVANTS BILL. 

Commonwealth of KExrucKV, "] 

EXECrTIVE DErAKTMEXT. ? 

Frankfoit, March 21, 1808. J 

1 (It'clinc to approve Senate Bill No. CI, beiii^i- "An act. concerning 
the liability of the oAvners, possessors, or operators of railways for 
the negligence and wrongful acts of servants and fellow servants." 

That the Legislature has the right to enact laws affecting the 
lu^gligence of railroads, not applicable to other corporations, can not 
be doubted. See Schoolcraft v. L. & X. R. R. Co., 1)2 Kentucky, 22:i; 
Missouri Railway Co. v. MacUey, 127 U. S., 205. " 

Neither can the power of the Legislature be doubted to establish 
and define the character of negligence for which recoveries may be 
had and the persons by grade or otherwise who may maintain ac- 
tions; unless, there is some limitation on that power contained in the 
« 'onstitution. 

The ( Jovernor may interpose a veto where he believes a bill will 
])rove injurious or hurtful to the State, although it may not be un- 
constitutional; but he has no power to question the i)olicy or im- 
policy of the Constitution, for that is the supreme law of the land. 

WhentheConstitution confersa special i^ower upon anydejiartment 
of government, rather tlian leaving it free to exercisea general power, 
while everything necessary to the exercise of the power conferred 
is implied, it can not be extended or curtailed in its scope or opera- 
lion. 

That the Legislature has the general authority in the absence of 
express direction by the Constitution to legislate concerning the 
uiatteis alluded to. ihere can be no question; but that when it is con- 
fined within the limits of a special constitutional direction, it can 
not Iranscend those limits, there is little doubt. 

The bill is drawn under the provisions of section 211 of the Con- 
stitution. The debates show that one jturpose of that section was 
to HMuedy a diflficnlty growiTig out of the o})inions of the Court of 
A])])eals, which denied the right lo maintain any action for damages 
wh(n-e death ensued in certain states of case. Debates Constitutional 
Convention, Vol. 1. pages 5710, 5750 and 5751. 

It ap]»ears also, at page 5752, that the' distinguished autluu- of tlie 
present bill stilted, tliat the object of that section was "Id pi-e\ent 



192 rUBLIV DOCLMEXTS OF 

the Legislature fuoiii staying thai the reco\-ery shall be coiitiiied to 
servants of corporations and unequivocallY to impose the liability on 
both cox'poration and serA-ant, and then cither or both may be sued^ 
and also to authorize suits for death to be maintained under the see- 
lion as it now stands in the Constitution.'" 

8ucli debates are not conclusive as to what the intention of the 
Constitution is, they are merely persuasive. Nor does it follow, 
ihat there may not have been an intention which is not manifested in 
the debates, for fjequcnlly discussion is not indulged as to all 
the pur])Oses of a given section. But as said by the Court of Ap- 
jieals in Wright v. Wood's Adnu.. DC* Ky., ()2. ''The former constitu- 
tion contained no piovision in terms authorizing such statutory en- 
actments, nor was it necessary there should have been in order to 
malxe the three statutes referred to valid; but the General Assembly 
refused to enlarge the scope of either, and it is therefore plain that 
the only object of section 241 was to authorize recovery of dam- 
ages for desti'uction of human life in cases and for the benefit of 
classes of persons, where the Ceneral Assembly, even if possessing* 
the constitutional power, h.ad not, nor ])robably would, make stat- 
utory provision."' 

That the makers of the Constitution intended to give an additional 
remedy and one far more compr-ehensive than those embraced in 
the statutes, can not be doubted. 

The section is as follows: "Whenever the death of any person shall 
result from an injui-y inliicted by negligence or wrongful act, then 
in every such case, damages may be recovered for such death from 
the corporations and persons so causing the same.'* 

It will be observed that damages are recoverable "in every such 
case," which seems clearly to ignore the rule of respondeat superior 
prevailing in this State at the time of the adoi»tion of the Con- 
stitution. 

^Vs to whether the portion of the sectit)n quoted is self executing 
it is not necessary to determine, for if self executing no statute is 
necessary, and if not self executing no statute in conflict with it can 
be enforced. 

The bill must be constriu'd in the light of section 241, for that 
section having declared that a certain liability should attach in a 
certain state of case to persons fixed and ascertained, the legislative 
power can not add to or subtract from its provisions, but must be 
( onfined stj'ictly to the rules announced. 

It will be observed in the first place, that whih' the person in- 



iiUVL'A'XOh- \\IIJ.I.\]f o. /;n,U)IJ:). 



198 



juira has a cause ol ani,,,.. i, is Juini a^ainsi ihr 'Vo.pnnui.M.s a..,l 
persons infliding ti.e n.j.u y. ilad ,h. disjuuHive conjunetion b.vn 

...an,, ,„,, , ,„. .u.po.ahuns ,„ ,1,,. ,M.,suns. l.nl ,he emplovn.-nl 

- he coiMUahve .-onjunr.ion, and espeHally wl...,. .aken in .on- 

Hee ion M.th 11... purpose of ,he section as ex,laine<l hv the au.lu,,- 

<•' the Mil on ,i.e lloo. of ,he convention, is c<nH-lusive ,hat the 

<nnse of aclion ,s joint and not several. Notwithstanding this the 

l-ll ronhnes the nM-overy to the corporations alon.^ 

in the second place, i, willhe seen. ,hal while the exi ra<.rdinarv 
n .dyjm,^ 

. ' IH" h..hes de^m. <,f injury, the bill <.x.ends i, ,o iniuries 
nliich do not i-<'snll in death. 

The makers of il,e r^n.sl itution evid.>ntly tlunmht that a more 
--lM-ehens,ve and sev<Mv n.le should be adopted fo,- the punish- 
'""" ;;' ■•"■'-^"1 -.-porations and persons thai bv neuli.ence ,n- 
--n^ u act inllicted injuries whi.-h resulted in death; bu, thev 

^iMHuMHH.ve,,,,, tin. san.erulo should apply to other injuries ' 

Tr .s manifest, that - 1- (u'Me.al .Vssend.ly in passing this bill in 

;--in.-lcur,aih.d the organic law b, re.iovin, p.-.-sons who ^'e 

'•sponsdde un.hM- its provish.ns. and in another added to its s.-veritv 

^ hx,n^ the s<de responsibility upon the corporations, and n.akin;, 

H -n»oratnn,s, vsponsibh. fo.. a class of injuries for which , h..v 
...< not responsdde under the provisions of the Tonstitntion 

For these reasons, the bill is unconstitutional. See n.ole'vs Cun- 
s .t,.t..nd Fanntations. pa.es 7S and 105. Pa^e v. Allen. 5S Penn. 
-'.. --S: state V. Taylor. 1.^ Ohio State. 1.-7. 



iSiuiledl 



Wild JAM (). r.K.VDl.EV. 

Goirnior of luiilnchi/. 



194 PUBLIC DOCUMENTS OF 



LABOR DAY PROCLAMATION. 



COiMMON WEALTH OF KENTUmvY, 

ExiocuTivE Dki'autmen r, 



In confoniiily lo tlic S(;iliilcs of llic Tiiilcd SJiitcs iind of this 
Slate. Scjifcinbcr llic .~)lli is set ajtai-l as a l<'i;al lioliday, and desig- 
nated "T>al»or Day." 

Tiiis is a suitable and jnst leroynition of these who, in workshop, 
field and elsewhere have confiiliufed so nuieh to build np tlie nia- 
tei'ial resomws of the eonnliy and dij;iiify niannal laltor. 

It is reeonmiended that all places of business be closed on that 
day, and that eni])hnei'S excuse as many of their laborers as they can 
consistently, so thai tlie sons of toil may congrejiate in large num- 
bers and enjoy the holiday set apart by Ktate and national statutes 
for their benefit. 

This August ai, I89S. 

(Signed) WILLIAlNr O. illJADIJOV,. 

OoDcrnor of Kculurl-y. 



aOTERNOIi WUJJAM O. lih'ADLEY. 195 



CHICKAMAUGA MONUMENT DEDICATION PROCLAMATION. 



Commonwealth of Kentucky, 
Executive Department, 

On the 2oth day of this month the Kentucky monument will be 
dedicated at Chickamauga Park. It is erected by legislative author- 
ity in common honor of the Kentucky Union and Confederate sol- 
diers, living and dead, who more than a third of a century ago con- 
tended with each other on that bloody lield, and by their bravery 
and heroism reflected undying credit on their native State. 

In no other l)attl(' during the Civil ^^'ar were engaged so many sol- 
diers from this State. Such an occasion will never again be pre- 
sented, for never will our people engage in such a conflict, and after 
it has ceased, forgetful of all save its glories, which are our common 
iieritage, meet to pay equal tribute to contending factions. Love and 
I'everence for the dead, i-espect and admiration for the living, alike 
dfMuand ihal this dedicaliou, in point of numbers, respectability and 
fervid patriotism, should be such as will be creditable to the State, 
draw the people more closely together in the bonds of brotherly love, 
and prove an inspiration to future generations. 

For the accomplishment of these noble puriwses, the various so- 
cieties and orders throughout the Commonwealth are requested to 
send representative uniformed bodies, and the citi/j'ns generally are 
most earnestly invited to attend. 

Done at Frankfort on the tth day of November, A. D. eighteen 
hundred and niucly-eighl. mid llic one hundred and srveuth year of 
the Commonweal I'll. 

(Signed) WILLIAM O. IIIJADLEY, 

Governor of KeniucVy. 



190 PUBLIC DO<J(Mi:.\TS OF 

THANKSGIVING PROCLAMATION. 

CoMiMONWEALTII OF KENTUCKY, | 

Executive Dei-artmext, j 

Thuisday, the 25th day of November next, is hereby set apart as a 
day of thaiiksgiviuti; and prayer. 

Given under my hand and seal of ottiee, October ol, ISDeS, and the 
107th year of the Commonwealth. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kmhiclxij. 



DECORATION DAY PROCLAMATION. 

Commonwealth of Kentucky, 
Executive Department, 

The beautiful and appropriate custom of decorating with flowers 
the graves of the Tnion »lead on the ?M\\ day of May in each year, 
and holding fitting memoi-ial services, has for some years been i-ec- 
ognizcd l>y law, in that the same has bceiniiadc a National and State 
holiday. 

As the ;>(lth of May falls on Sunday in the present year, such 
sei'vices will be held on the ;Ust of this month. 

I most earnestly request that the public business be suspended, 
I lie eliildrei! dismissed from school and as many persons attend as 
cau do so, no( only to honor the memory of the brave men who died 
1(> |»i-eserve the Thiion, but to cultivate kind and bi'otherly affection 
wilh those who fought in the armies of the Confederacy. Let it b(> 
a day when all political diU'erences are cast aside, and when good 
feeling may be entertained by all the citizens of the Commonweallh 
for each other regardless of the animosities of (he ])as(. 

Civen under my hand this INfay 25, 1807. 

(Signed) WILLIAM O. BRADLEY, 

Governor of Kcnhwhy, 



(W\i:i{\oii wiLi.iAU (). iur\nijn: m 



PROCLAMATION IN BEHALF OF FAMILIES OF SOLDIERS. 

Commonwealth of Kentucky, "1 

Executive Department. f 

Frankfort, -luiie 20, 180S. J 

To Uic People of Kentucky: 

While your brave sons liave gone and are going to (he front, at 
the risk of healtli and life, to defend the honor of the Hag, aveng<> 
the murder of their hrctliren, and assist the down-trodden and op- 
]iressed, it should not be forgotten, tliat in many instances they have 
left families behind them who need and deserve your attention. . 

It is suggested that organizations be fornu'd in cat-h county of the 
v'^tate, for the purpose of looking after the loved ones of the absent 
soldiers, and that immediate ste]>s should be taken in this matter. 

(Signed) WILIJAM ( ). 1UJADLP:Y, 

(lorcnior of luiihukji. 



INDEX. 



liinu'AUial Address. DolivtTod December 10, 18;i5 3 

Kegiilar Message to General Assembly of 1806 G 

Message on Three Coiirt System 35 

Message on Mob Violence :](» 

Veto Bill for Benefit of Certain Sheriffs '. ',](> 

Veto Bill Giving Attorney-Gcnei'al a Stenograplier "'.) 

Veto of Bill Defining Duties of Certain County Clerks 40 

Defense Before Senate Committee Calling Out State Guard 41 

Proclamation Calling Special Session, March, 1897 G1 

Proclamation Calling Special Session, March. 1897 54 

Message to the General Assembly of Kentucky. March, 1897 55 

Order Refusing Commutation to Jackson and V/alling 79 

Veto of Bill for Benefit of xMrs. Emma C. Salyer 81 

Order Granting Pardon to George Dinning 82 

Message to General Assembly Session 1898 85 

Message Concerning Tob&cco Sales 115 

Veto of Railroad Commission Bill 118 

Veto of Penitentiary Bill 128 

Veto of Bill Creating State Board of Election Commissioners 134 

Veto Gerrymander 8th Congressional District 146 

Veto Bill Regulating Inter-State Telegrams 148 

Veto Bill Repealing Guard Section Mob Law 149 

Veto Gerrymander 3d Congressional District 153 

Veto Gerrymander Appellate Districts 155 

Veto Resolution Donating Money to Mrs. Bennett 159 

Veto Bill Granting Certain Privileges to Jailer City of Lexington 161 

Message Concerning Prevalence of Small Pox 162 

Veto Bill Authorizing Payment Certain Idiot Claims 163 

Veto Resolution for Benefit Certain Circuit Clerks 164 

Veto Bill Increasing Salary Police Judge, Lexington 165 

Veto Bill Legalizing Election in Certain Graded School Districts 166 



-m) INDEX 

\'eto Bill Providing Free Transportation of Bicycles over the Railroads of 

this Commonwealth 167 

Veto Bill Changing Method of Assessing Whisky 168 

Veto Bill Allowing Appeals in Proceedings for Habeas Corpus 168 

Veto Bill Providing for By-Standers as Jurymen 169 

Veto Bill Postponing Payment of Salaries Common School Tea(;hers and 

Other State Creditors 170 

Veto Bill Amending and Changing Law Entitled "Guardian and Ward"... 171 

Veto Bill for the Benefit of Certain Sheriffs 171 

Veto Bill for the Benefit of Drift Catchers 172 

Veto Bill Relating to Defenses as to Bonds Cities First Class 173 

Veto Bill Transfering Appointment of Police from Executive to Judicial 

Department 174 

Veto Bill Permitting Separate Elections in Unregistered Towns 175 

Veto Bill Benefit Kentucky Dental Association 176 

Veto of Bill for Protection of Lessees, Purchasers, etc 178 

Veto of Bill Amending Act Concerning Private Corporations — Insurance. .179 
Veto of Bill Providing for Creation and Government of Suburban Dis- 
tricts 181 

Veto of Bill Increasing Fees of Commissioners and Receivers 182 

Veto of Bill My king Gold and Silver Legal Tender and Prohibiting Cer- 
tain Contracts 1 83 

Veto of Bill for Benefit of Incorporated Districts and Other Localities. .. .184 

Veto of Bill Creating Board of Fireman's Pension Fund 185 

Veto of Bill Regarding Hawesville School Building 186 

Veto of Tiill Relieving Newspapers from effect of Corporation Law 187 

Veto of Bill Maintaining Circuit Courts and Offices 188 

Veto of Bill Amending Common School Law 190 

Veto of Fellow Servants Bill 191 

Labor Day Proclamation 194 

Chickamauga Monument Dedication Proclamation 195 

Thanksgiving Proclamation 196 

Decoratiorl Day Proclamation ".....'.. .196 

Proclamation in Behalf of Families of Soldiers 197 



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